-.«* 


DEC  11  1911 

GIFT 


LIBRARY 


UNIVERSITY  OF  CALIFORNIA. 


GIFT    OF 


Class 


SUPPLEMENT 


TO 


SCHOOL  LAW 


CONTAINING 


GENERAL  EDUCATIONAL  ACTS 

OF  LEGISLATURE  OF  1911 


ISSUED  BY  THE 

DEPARTMENT  OP  PUBLIC  INSTRUCTION 


GEO.  B.  COOK 

State  Superintendent  of  Public  Instruction 


ft     Z/ 


ACT    115. 

AN  ACT  to  amend  Section  7681  of  Kirby's  Digest: 

SECTIONS 

1.  Amends  section  7681  of  Kirby's  Digest. 

2.  Takes  effect  on  its  passage. 

Be  It  Enacted  by  the  General  Assembly  of  the  State  of 
Arkansas: 

Be  It  Enacted  by  the  People  of  the  State  of  Arkansas: 

SECTION  1.  That  section  7681  of  Kirby's  Digest 
be  and  the  same  is  hereby  amended  so  as  to  read  as 
follows:  "The  board  of  directors  shall  organize  by 
choosing  from  their  own  number  a  president,  who  shall 
hold  his  office  until  the  last  Saturday  in  May,  and 
the  said  board  shall  at  the  same  time  choose  a  secretary 
who  may  also  be  clerk  of  the  board,  and  said  secre- 
tary may  be  chosen  from  persons  other  than  members 
of  the  board,  and  he  shall  hold  his  office  until  the  last 
Saturday  in  May,  and  annually  on  that  day  the  said 
board  shall  meet  and  elect  a  president  and  secretary 
in  the  same  manner  as  provided  above. 

SECTION  2.  All  laws  and  parts  of  laws  in  con- 
flict with  this  Act  are  hereby  repealed,  and  this  Act 
shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  March  24,  1911. 

226136 


ACT    116. 

AN  ACT  to  provide  for  the  consolidation  of  adjacent 
school  districts  and  prescribing  the  powers  and 
duties  of  such  consolidated  districts. 

SECTIONS 

1.  Consolidation  of  school  districts. 

2.  Election  for  consolidation. 

3.  Manner  of  holding  elections. 

4.  County  court  to  declare  result  of  election. 

5.  Election  of  directors. 

6.  Powers  and  duty  of  board. 

7.  Directors  to  buy  building  sites,  furniture,  etc. 

8.  Titles  to  real  estate  vested  in  consolidated  district. 

9.  Consolidated  district  vested  with  corporate  powers. 

10.  Board  of  directors  to  pay  all  debts. 

11.  Penalty  for  failure  to  perform  duty  by  directors. 

12.  Sections  7693  and  7694  of  Kirby's  Digest  to  apply. 

13.  To  borrow  money 

14.  Disposition  of  funds. 

15.  Transportation  of  pupils. 

16.  Certain  laws  to  apply. 

Be  It  Enacted  by  the  People  of  the  State  of  Arkansas: 

SECTION  1.  Any  two  or  more  school  districts  in 
this  State  may  be  organized  into  and  established  as  a 
single  consolidated  school  district  in  the  manner  and 
with  the  powers  hereinafter  specified. 

SECTION  2.  The  board  of  directors  of  each  school 
district  proposing  to  enter  into  the  consolidation  may, 
and,  upon  the  written  petition  of  ten  per  cent  of  the 
electors  of  the  district  shall,  at  any  annual  election  or 
at  a  special  election  to  be  held  for  that  purpose,  which 

4 


special  election  shall  be  held  not  less  than  thirty  nor 
more  than  sixty  days  from  the  date  of  the  presentation 
of  the  petition,  submit  the  question  of  consolidation  to 
the  electors  of  the  district. 

SECTION  3.  The  board  of  directors  of  the  district 
shall  give  notice  that  the  question  of  consolidation  is  to 
be  voted  on  by  posting  notices  in  at  least  five  public 
places  in  the  school  district,  and  by  posting  a  notice  at 
the  school  house  of  the  district,  at  least  five  days  before 
the  day  of  election.  If -a  special  election  is  held  it  shall 
be  held  by  the  officers  and  in  the  manner  provided  in 
Section  7591  of  Kirby's  Digest.  The  ballots  shall  have 
written  or  printed  on  them,  "For  Consolidated  School 
District"  and  " Against  Consolidated  School  District." 
The  returns  of  said  election  shall  be  made  to  the  clerk 
of  the  county  court. 

SECTION  4.  If  a  majority  of  the  qualified  voters  of 
each  school  district  proposing  to  enter  into  the  consoli- 
dation shall  vote  "For  Consolidated  School  District," 
it  shall  be  the  duty  of  the  county  court  on  the  first  day 
on  which  the  court  may  be  in  session  after  the  returns 
of  the  election  have  been  filed  with  the  county  clerk,  to 
make  an  order  dissolving  said  school  districts  and  creat- 
ing out  of  the  same  territory  a  new  district  to  be  desig- 
nated "Consolidated  School  District  No.  — ."  Said 
order  shall  designate  the  place  of  holding  the  annual  and 
special  elections  of  the  consolidated  district,  which  shall 
be  held  at  the  time  and  in  the  manner  now  provided 
by  law. 

SECTION  5.  Between  the  date  of  the  consolidation 
and  the  first  annual  election  the  said  consolidated  school 
district  shall  be  governed  by  a  board  of  directors  com- 
posed of  all  the  directors  of  the  several  school  districts 

5 


entering  into  the  consolidation, but  after  the  first  annual 
election  the  consolidated  school  district  shall  be  governed 
by  a  board  of  six  directors  to  be  elected  in  the  manner 
provided  in  Section  7591  of  Kirby's  Digest  by  the  quali- 
fied voters  of  the  consolidated  district.  At  the  first- 
annual  election  after  the  consolidation  the  six  candidates 
receiving  the  highest  number  of  votes  shall  serve,  two 
for  three  years,  two  for  two  years,  and  two  for  one 
year,  and  they  shall  determine  by  lot  which  shall 
serve  for  these  respective  periods.  At  each  succeeding 
annual  election  two  directors  shall  be  elected  to  serve 
for  a  term  of  three  years  and  until  their  successors 
are  elected  and  qualified.  Vacancies  in  the  board 
shall  be  filled  as  provided  in  Section  7682  of  Kirby's 
Digest. 

SECTION  6.  Said  board  of  directors  shall  organize 
as  provided  in  Section  7681  of  Kirby's  Digest,  and  shall 
hold  regular  meetings,  and  have  the  powers  and  dis- 
charge the  duties  prescribed  in  Section  7683  of  Kirby's 
Digest. 

SECTION  7.  Said  board  of  directors  shall  have  the 
power  to  purchase  or  lease  school  house  sites;  to  build, 
purchase  or  lease  school  houses,  and  keep  them  in  repair; 
to  purchase  or  acquire  the  use  of  the  necessary  desks, 
seats,  furniture,  fixtures,  apparatus,  books,  stationery 
and  school  equipment ;  to  provide  water,  light  and  heat 
for  school  buildings,  fence  school  grounds,  erect  out- 
houses, and  make  any  and  all  improvements  necessary 
or  proper  for  the  health,comfort  or  convenience  of  pupils; 
to  provide  records,  blank  books  and  stationery  for  the 
board  of  directors,  and  registry  blanks  and  stationery 
for  teachers;  to  procure  insurance  on  any  property  be- 
longing to  the  district;  to  hire  the  necessary  teachers, 
officers  and  employees;  to  provide  ample  facilities  and 

6 


establish  and  maintain  a  sufficient  number  of  grades  in 
one  consolidated  school  to  accommodate  all  the  pupils  in 
the  consolidated  district,  if  practicable;  and,  if  not,  to 
provide,  equip  and  maintain  other  schools  in  the  district; 
to  determine  the  branches  to  be  taught  and  the  text- 
books to  be  used,  in  accordance  with  the  laws  governing 
special  school  districts;  to  admit  pupils  from  other 
school  districts,  upon  such  terms  as  may  be  agreed  upon 
with  their  parents  or  guardians,  or  with  the  district 
from  which  they  come;  to  procure  for  pupils  living  in 
the  district  the  privilege  of  attending  school  in  other 
districts  upon  terms  to  be  agreed  upon  with  such  dis- 
tricts, and  to  pay  the  charges  therefor;  to  examine,  from 
time  to  time,  the  books  and  accounts  of  the  county  treas- 
urer, so  far  as  they  relate  to  the  several  funds  belonging 
to  the  district;  and  to  appoint  a  committee  of  three  to 
serve  during  the  pleasure  of  the  board  of  directors, 
whose  duty  it  shall  be  to  visit  the  school  or  schools  of 
the  district.  The  board  of  directors  shall  also  have 
power,  when  in  the  judgment  of  a  majority  of  said  board 
the  interests  of  the  district  demand  it,  to  sell,  exchange 
or  lease  any  property,  real  or  personal,  belonging  to  the 
consolidated  district,  or  which  belongs  to  any  district 
merged  into  the  consolidated  district,  and  a  deed  or  bill 
of  sale  executed  by  the  president  of  said  board  of 
directors  pursuant  to  a  resolution  of  the  board  shall 
pass  all  the  right,  title  and  interest  of  the  district  to 
the  purchaser  or  buyer. 

SECTION  8.  The  title  to  all  the  real  estate  and  other 
property  belonging  to  the  several  school  districts  enter- 
ing into  the  consolidated  school  district  shall  vest  abso- 
lutely in  the  consolidated  school  district. 

SECTION  9.  Each  consolidated  school  district 
formed  under  this  Act  shall  be  a  body  corporate,  and 

7 


by  its  corporate  name  may  sue  and  be  sued,  contract 
and  be  contracted  with,  purchase,  acquire,  lease,  hold, 
sell  and  exchange  property,  and  receive  grants,  gifts 
and  bequests,  and  shall  generally  possess  and  enjoy  all 
the  corporate  powers  usually  possessed  by  bodies  corpo- 
rate of  like  character. 

SECTION  10.  The  board  of  directors  of  a  consoli- 
dated school  district  shall  pay  and  discharge  all  the 
debts  and  liabilities  lawfully  incurred  by  the  several 
districts  entering  into  the  consolidated  school  district. 

SECTION  11.  Any  person  elected  a  director  of  a 
consolidated  school  district  who  shall  fail  to  perform  the 
duties  of  such  director,  shall  suffer  the  penalty  named  in 
Section  7691  and  Section  7692  of  Kirby's  Digest. 

SECTION  12.  Section  7693  and  7694  of  Kirby's 
Digest  shall  apply  to  consolidated  school  districts 
formed  under  this  Act. 

SECTION  13.  Consolidated  school  districts  shall 
have  the  power  to  borrow  money  for  the  purposes  and 
in  the  manner  provided  in  Sections  7696,  7697  and  7698 
of  Kirby's  Digest,  In  addition  to  such  power,  the  board 
of  directors  shall  have  the  power  to  borrow  money  for 
building  purposes,  if  authorized  by  a  vote  of  a  majority 
of  the  electors  of  the  district  at  any  annual  election. 
Such  vote  may  be  "For  Building  Fund"  or  "Against 
Building  Fund,"  and  shall  state  the  amount  of  the  build- 
ing fund  tax  which  the  voter  desires  levied.  If  a 
building  fund  is  voted,  the  amount  of  such  tax  shall  be 
determined  by  taking  the  largest  amount  or  rate  of 
taxation  voted  for  by  a  majority  of  the  voters  and  if 
no  rate  shall  have  received  such  majority,  then  all 
the  votes  cast  for  the  highest  rate  shall  be  counted 

8 


for  the  next  highest  and  so  on,  till  some  rate  voted 
for  shall  receive  a  majority  of  all  the  votes  cast.  If 
a  majority  of  the  votes  cast  are  "For  Building  Fund" 
it  shall  be  equivalent  to  voting  a  building  tax  of 
the  amount  or  rate  as  determined  by  this  section 
for  each  succeeding  year  until  the  money  borrowed 
by  the  board  of  directors,  pursuant  to  such  vote, 
together  with  all  interest  thereon,  shall  have  been 
fully  paid.  When  a  building  fund  has  been  specially 
voted  for,  as  provided  in  this  section,  the  board  of 
directors  may  borrow  money,  and  mortgage  the  real 
property  of  the  district  as  security  therefor,  under  such 
conditions  and  regulations  as  to  amount,  time  and  man- 
ner of  payment  as  the  board  of  directors  shall  determine, 
and  may,  from  time  to  time,  renew  or  extend  any  evi- 
dence of  indebtedness  or  mortgage  issued  or  executed 
hereunder.  All  moneys  borrowed  under  this  provision 
shall  be  placed  in  the  county  treasury  to  the  credit  of 
the  building  fund  of  the  district,  and  the  board  of  direct- 
ors shall  issue  to  the  person,  firm  or  corporation  advanc- 
ing or  lending  such  money  a  certificate,  signed  by  the 
president  and  secretary  of  said  board,  in  the  following 
form: 

This  is  to  certify  that  at  the  annual  election  held 
on  the day  of ..........  19 .  .  .  . ,  in  Consoli- 
dated School  District  No County, 

Arkansas,  a  majority  of  the  electors  of  said  district  cast 
their  votes  "For  Building  Fund,"  and  fixed  the  amount 
or  rate  at mills;  and  that  pursuant  to  the  provi- 
sions of  an  Act  approved  on  the day  of , 

19 ,  the  board  of  directors  of  said  consolidated 

school  district  have  borrowed  from the  sum 

of  $ ,  for  a  period  of years,  which 

amount,  with  interest  at  the  rate  of per  cent  per 


annum  from  this  date  until  paid,  is  to  be  paid  from  funds 

arising  from  a  tax  of mills  to  be  levied  annually 

upon  the  property  in  said  district. 

Witness  our  hands,  as  directors  of  said  consolidated 

school  district,  on  this  the day  of 

19., 


The  said  certificate  shall  be  executed  in  triplicate 
and  signed  by  a  majority  of  the  board  of  directors. 
One  copy  shall  be  retained  by  the  board,  another  shall 
be  delivered  to  the  lender,  and  the  third  shall  be  filed  by 
the  board  of  directors  with  the  clerk  of  the  county  court. 
Upon  the  filing  of  said  certificate,  it  shall  be  the  duty  of 
the  county  court  to  levy  each  succeeding  year  a  building 
tax,  of  the  amount  or  rate  voted  for,  against  the  prop- 
erty in  said  district,  until  the  amount  thus  borrowed, 
with  the  interest  due  thereon,  has  been  fully  paid.  It 
shall  be  the  duty  of  the  county  treasurer  to  pay  to  the 
holder  of  said  certificate,  upon  demand,  any  funds  to 
the  credit  of  the  building  fund  of  said  district,  applying 
the  same  first  to  the  payment  of  the  interest  due. 

Provided,  That  whether  the  vote  be  "For  Building 
Fund"  or  " Against  Building  Fund,"  this  shall  not 
prevent  the  electors  from  voting  for  a  building  tax  as 
now  provided  by  law. 

Provided,  further,  That  the  county  treasurer"  shall 
receive  no  commission  on  the  building  funds  of  consol- 
idated school  districts  handled  by  him. 

10 


SECTION  14.  All  funds  to  the  credit  of  the  several 
school  districts  dissolved  and  consolidated  under  this 
Act  shall  be  transferred  to  the  credit  of  the  consolidated 
school  district,  and  a11  outstanding  debts  of  the  dissolved 
school  districts  shal1  be  charged  to  and  paid  by  the 
consolidated  school  district. 

SECTION  15.  The  board  of  directors  shall  have 
power  to  provide  such  transportation  for  the  pupils  of 
the  districts  as  the  board  may  deem  advisable,  and  may 
purchase,  rent  or  hire  -conveyances  for  this  purpose; 
or  the  board  of  directors  may  enter  into  contracts  with 
others  for  transportation  service,  requiring  proper  bonds 
for  the  faithful  performance  of  the  terms  of  said  con- 
tracts. Such  transportation  shall  be  comfortable  and 
safe,  and  shall  be  governed  by  such  rules  and  regulations 
as  the  board  of  directors  may  prescribe.  The  cost  of 
transportation  shall  be  paid  out  of  the  school  funds  to 
the  credit  of  the  consolidated  school  district. 

SECTION  16.  The  provisions  of  the  general  school 
laws  of  the  State  and  the  provisions  of  the  special  act 
for  the  regulation  of  schools  in  cities  and  towns  which 
are  now  or  may  hereafter  be  in  force,  so  far  as  applicable 
and  not  inconsistent  with  or  repugnant  to  this  Act, 
shall  apply  to  consolidated  school  districts  created 
under  this  Act,  but  those  provisions  which  are  incon- 
sistent with  or  repugnant  to  the  provisions  of  this  Act 
shall  not  apply  to  consolidated  school  districts ;  and  this 
Act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  March  24,  1911. 


ii 


ACT  169. 

AN  ACT  to  provide  for  the  manner  of  holding 
elections  in  special  or  single  school  districts  in 
any  county  in  the  State  of  Arkansas  other 
than  incorporated  towns  and  cities,  and  for 
other  purposes. 

SECTION 

1.  Annual  school  election  required. 

2.  Manner  of  holding  election. 

3.  Time  of  election. 

4.  Returns. 

5.  Certificates  of  election. 

6.  Property  ownership  vested  in  district. 

7.  Rural  special  school  districts;  corporations. 

8.  Same;  authorized  to  borrow  money. 

9.  General  laws  not  inconsistent  apply. 

Be  It  Enacted  by  'the  People  of  the  State  of  Arkansas: 

SECTION  1.  That  on  the  third  Saturday  in  May 
of  each  year  after  any  special  or  single  school  dis- 
trict shall  have  been  organized,  according  to  the  pro- 
visions of  Act  No.  321,  of  the  General  Assembly  of  the 
year  1909,  approved  May  31,  1909,  and  annually 
thereafter,  an  election  shall  be  held  at  a  school 
house  or  other  convenient  place  in  said  school 
district  to  be  selected  by  the  board  of  directors  of 
said  district  and  designated  and  advertised  by  them 
in  their  notice  of  the  annual  school  election  required 
by  this  Act.  Said  election  shall  be  for  the  purpose 
of  electing  two  directors  who  shall  serve  for  three 
years  or  until  their  successors  are  elected  and  quali- 
fied. The  ballot  of  the  voter,  in  addition  to  the  name 

12 


of  the  persons  voted  for  as  directors,  shall  have  written 
or  printed  on  it  the  words,  "For  Tax"  and  "Against 
Tax,"  and  the  rate,  if  any,  the  voter  desires  levied. 

SECTION  2.  When  any  special  or  single  school 
district  has  been  organized  as  provided  by  Act  No. 
321,  of  the  General  Assembly  of  1909,  the  board  of 
directors  shall  give  notice  of  each  annual  election  at 
least  fifteen  days  previous  to  such  election  by  post- 
ing notices  in  at  least  five  public  places  in  said  dis- 
trict. The  annual  district  election  shall  be  held  by 
three  members  of  the  board  of  directors  as  judges 
and  two  members  as  clerks,  to  be  selected  for  such 
purpose  by  the  president  of  said  board;  provided,  if 
any  of  the  directors,  so  selected  to  hold  said  election, 
shall  fail  to  attend,  the  assembled  voters  may  choose 
judges  and  the  judges  may  choose  clerks  in  the  place 
of  those  not  attending  and  the  judges  and  clerks  shall 
take  the  oath  prescribed  for  judges  and  clerks  by 
the  general  election  law. 

SECTION  3.  The  judges  shall  cause  the  polls  to 
be  opened  at  nine  o'clock  and  closed  at  sunset. 

SECTION  4.  The  returns  of  said  election  shall 
be  made  to  the  county  clerk,  who  shall  declare  the 
result  of  the  votes  for  and  against  tax  and  certify 
the  same  to  the  county  court  on  the  first  day  of 
the  term  fixed  by  law  for  levying  county  taxes,  and 
the  rate  of  taxes  so  certified  shall  be  levied  by  the 
court  as  other  school  taxes. 

SECTION  5.  The  judges  of  said  school  election 
shall  within  five  days  thereafter  give  to  each  of  the 
two  persons  securing  the  highest  vote  for  director  a 
certificate  of  election,  and  each  of  said  persons  shall, 

13 


within  ten  days  after  receiving  said  certificate,  take 
the  oath  of  office  prescribed  by  law  for  directors,  and 
file  the  same,  together  with  his  certificate  of  election, 
with  the  county  clerk  of  his  county  and  enter  at 
once  upon  the  duties  of  his  office. 

SECTION  6.  The  title  to  all  real  estate  and  other 
property  for  school  purposes  to  any  such  special  or 
single  school  district  shall  vest,  and  hereby  is  vested 
in  said  school  district,  and  shall  be  under  the  manage- 
ment and  control  of  the  .board  of  school  directors 
of  said  district  as  fully  and  completely  as  other 
school  property  belonging  to  said  district. 

SECTION  7.  All  school  districts  formed  under 
the  provisions  of  Act  No.  321,  of  the  General  Assem- 
bly of  1909,  and  governed  by  the  provisions  thereof 
and  the  provisions  of  this  Act,  shall  be  known  and 

designated  as  Rural  Special  School  District  No , 

in  the  order  of  the  formation  thereof  which  said  num- 
ber shall  be  designated  by  the  county  court  in  its 
order  for  an  election  as  provided  in  said  Act  of  1909, 
looking  to  the  formation  of  such  district;  provided 
such  districts  as  have  heretofore  been  formed  under 
said  act  shall  retain  and  be  known  and  designated 
by  any  name  or  number  which  such  district  may 
have  assumed;  and  by  such  name  such  district  may 
sue  and  be  sued,  contract  and  be  contracted  with; 
purchase,  acquire,  hold  and  sell  property,  receive 
gifts,  grants  and  bequests,  and  generally  shall  possess 
and  enjoy  all  the  corporate  powers  usually  possessed 
by  bodies  corporate  of  like  character.  The  style  of 
the  board  of  directors  for  such  school  districts  shall 
be,  ' 'Board  of  School  Directors." 

14 


SECTION  8.  Rural  special  school  districts  shall 
have  the  power  to  borrow  money  for  the  purposes 
and  in  the  manner  provided  in  sections  7696,  7697 
and  7698,  of  Kirby's  Digest.  In  addition  to  such 
power,  the  board  of  directors  shall  have  the  power 
to  borrow  money  for  building  purposes  if  authorized 
by  a  vote  of  a  majority  of  the  electors  of  the  district 
at  any  annual  election.  Such  vote  may  be  "For 
Building  Fund,"  or  "Against  Building  Fund,"  and 
shall  state  the  amount  of  the  Building  Fund  Tax  which 
the  voter  desires  levied.  If  a  building  Fund  is  voted, 
the  amount  of  such  tax  shall  be  determined  by  taking 
the  largest  amount  or  rate  of  taxation  voted  for  by 
a  majority  of  the  voters,  and  if  no  rate  shall  have 
received  such  majority,  then  all  the  votes  cast  for 
the  highest  rate  shall  be  counted  for  the  next  highest 
and  so  on  till  some  rate  voted  for  shall  receive  a 
majority  of  all  the  votes  cast.  If  a  majority  of  the 
votes  cast  are  "For  Building  Fund,"  it  shall  be  equiva- 
lent to  voting  a  building  tax  of  the  amount  or  rate 
as  determined  by  this  section  for  each  succeeding 
year  until  the  money  borrowed  by  the  board  of  direct- 
ors, pursuant  to  such  vote,  together  with  all  the 
interest  thereon  shall  have  been  fully  paid.  When 
a  building  fund  has  been  specially  voted  for,  as  pro- 
vided in  this  section,  the  board  of  directors  may  bor- 
row money,  and  mortgage  the  real  property  of  the 
district  as  security  therefor,  under  such  conditions 
and  regulations  as  to  amount,  time  and  manner  of 
payment  as  the  board  of  directors  shall  determine, 
and  may,  from  time  to  time,  renew  or  extend  any 
evidence  of  indebtedness  or  mortgage  issued  or  exe- 
cuted hereunder.  All  moneys  borrowed  under  this 
provision  shall  be  placed  in  the  county  treasury  to 
the  credit  of  the  building  fund  of  the  district,  and 


the  board  of  directors  shall  issue  to  the  person,  firm 
or  corporation  advancing  or  lending  such  money,  a 
certificate,  signed  by  the  president  and  secretary  of 
said  board,  in  the  following  form: 

This  is  to   Certify  that  at  the  annual  election, 

held  on  the day  of .  19 .  .  . ,  in 

Rural  Special  School  District  No ,   

County,  Arkansas,  a  majority  of  the  electors  of  said 
district  cast  their  votes  "For  Building  Fund,"  and 

fixed  the  amount  or  rate  at mills;  and  that 

pursuant  to   the  provisions  of  an  Act  approved  on 

the    day  of ,   19 .  . ,  the 

board  of  directors  of  said  Rural  Special  School  Dis- 
trict have  borrowed  from the  sum  of 

$ ,  for  a  period  of years, 

which  amount  with  interest  at  the  rate  of 

per  cent  per  annum  from  this  date   until  paid,  is  to 

be  paid  from  funds  arising  from  a  tax  of 

mills  to  be  levied  annually  upon  the  property  in  said 
district. 

Witness   our   hands   as   directors   of    said   Rural 

Special  School  District,  on  this  the day  of 

.19.. 


The  said  certificate  shall  be  executed  in  tripli- 
cate and  signed  by  a  majority  of  the  board  of  direct- 
ors. One  copy  shall  be  retained  by  the  board,  another 

16 


shall  be  delivered  to  the  lender,  and  the  third  shall 
be  filed  by  the  board  of  directors  with  the  clerk  of 
the  county  court.  Upon  the  filing  of  said  certifi- 
cate, it  shall  be  the  duty  of  the  county  court  to  levy 
each  succeeding  year  a  building  tax  of  the  amount 
or  rate  voted  for,  against  the  property  in  said  dis- 
trict, until  the  amount  thus  borrowed,  with  the  interest 
due  thereon,  has  been  fully  paid.  It  shall  be  the 
duty  of  the  county  treasurer  to  pay  to  the  holder 
of  said  certificate  ijpon  demand,  any  funds  to  the 
credit  of  the  building  funds  of  said  district,  apply- 
ing the  same  first  to  the  payment  of  the  interest  due. 

Provided,  that,  whether  the  vote  be  "For  Build- 
ing Fund,"  or  "Against  Building  Fund,"  this  shall 
not  prevent  the  electors  from  voting  for  a  building 
tax,  as  now  provided  by  law. 

Provided,  further,  that  the  County  Treasurer 
shall  receive  no  commission  on  the  building  funds 
of  rural  special  school  districts  handled  by  him. 

SECTION  9.  All  general  laws  of  this  State  relat- 
ing in  any  wise  to  special  or  single  school  districts 
in  incorporated  towns  and  cities  and  not  inconsistent 
with  this  Act  nor  Act  321  of  the  General  Assembly 
of  1909,  shall  apply  with  the  same  force  and  effect  to 
rural  special  or  single  school  districts  as  mentioned 
in  this  Act,  as  to  special  or  single  school  districts 
in  incorporated  cities  and  towns. 

Approved  April  7,  1911. 


ACT   206. 
AN  ACT  to  Amend  Section  7615  of  Kirby's  Digest. 

SECTION 

1.  Amendment  of  7615  of  Kirby's  Digest,  stated. 

2.  Laws  in  conflict  repealed.     Act  in  effect  from  passage. 

Be  It  Enacted  by  the  General  Assembly  of  the  State  of 
Arkansas: 

Be  It  Enacted  by  the  People  of  the  Slate  of  Arkansas: 

SECTION  1.  That  section  7615,  of  Kirby's  Digest 
be  amended  so  as  to  read  as  follows: 

Section  7615.  They  shall  hire  for  and  in  the  name 
of  the  district  only  such  teachers  as  have  been  licensed 
according  to  law,  and  employ  no  person  to  teach  in  any 
common  school  of  their  district  unless  such  person 
shall  hold,  at  the  time  of  commencing  his  school,  a 
certificate  and  license  to  teach,  granted  by  the  county 
examiner  or  state  superintendent;  and  they  shall  make 
with  such  teacher  a  written  contract  in  triplet  form, 
specifying  the  time  for  which  the  teacher  is  to  be  em- 
ployed, the  wages  to  be  paid  per  month,  and  any  other 
agreement  entered  into  by  the  contracting  parties, 
and  shall  furnish  the  teachers  with  a  duplicate  of  such 
contract,  keep  the  original  and  immediately  file  an  exact 
copy  of  such  contract  in  the  office  of  the  county  treas- 
urer of  the  county  in  which  the  contract  is  to  be  enforced  ; 
and  the  county-  treasurer  shall  not  pay  the  warrants 
of  any  school  district  until  a  copy  of  all  such  contracts 
have  been  filed  with  him. 

SECTION  2.  That  all  laws  and  parts  of  laws  in 
conflict  with  this  Act  are  hereby  repealed  and  this 

18 


Act  to  take  effect  and  be  in  full  force  from  and  after 
its  passage. 

Approved  April  24,  1911. 


ACT   231. 

AN   ACT  to  Regulate  and  Enforce  Attendance  at  the 

School  of  the  State  of  Arkansas. 
SECTION 

1.  Children  between  ages  8  and  16  to  attend  school. 

2.  Books  to  be  provided  indigent  children. 

3.  Attendance  officers  to  be  appointed. 

4.  School  for  incorrigible  children. 

5.  Penalty  for  refusal  to  comply  with  Act. 

6.  Synopsis  of  Act  to  be  published  by  school  board. 

7.  Prosecutions  under  Act.     Fines  to  school  funds. 

8.  Act  in  effect  from  passage. 

Be  It  Enacted  by  the  People  of  the  State  of  Arkansas: 

Be  It  Enacted  by  the  General  Assembly  of  the  State  of 
Arkansas: 

SECTION  1.  Every  parent,  guardian  or  other 
person  in  the  State  of  Arkansas,  having  charge  and  con- 
trol of  any  child  between  the  ages  of  (8)  and  (16)  years, 
shall  cause  such  child  to  attend  regularly  some  day 
school,  public,  private,  parochial  or  parish,  not  less 
than  one-half  of  the  entire  time  the  public  school  said 
child  attends  in  session  during  any  one  year,  or  shall 
provide  such  child  at  home  with  such  regularly  daily 
instruction  during  the  usual  hours  as  shall  be  in  the 
judgment  of  court  or  school  board  having  competent 
jurisdiction,  substantially  equivalent  to  at  least  the 

19 


instructions  given  the  children  of  like  age  and  advance- 
ment at  the  day  public  school  in  the  locality  in  which 
said  child  resides ;  provided,  that  every  parent,  guardian 
or  other  person  in  the  State  of  Arkansas,  having 
charge  and  control  of  any  child  between  the  ages  of 
sixteen  and  twenty  years,  who  is  not  actively  and  reg- 
ularly and  lawfully  engaged  in  some  useful  employment 
or  service,  shall  cause  said  child  to  attend  school  as  here- 
inbefore provided  for  children  from  eight  to  sixteen 
years. 

SECTION  2.  Any  child  between  the  ages  afore- 
said may  be  excused  temporarily  from  complying 
with  the  provisions  of  this  Act  in  whole  or  in  part, 
if  it  be  shown  to  the  court  of  competent  jurisdiction, 
or  school  board  of  said  district,  that  said  parent  or 
guardian,  or  person  having  charge  of  or  control  of  said 
child,  is  not  able  through  extreme  destitution,  to  pro- 
vide proper  clothing  for  said  child,  or  that  said  child 
is  mentally  or  physically  incapacitated  to  attend 
school  for  the  whole  period  required  or  any  part  thereof, 
or  that  there  is  no  public  school  taught  within  two 
and  one  half  miles  of  the  residence  of  said  child  by  the 
nearest  traveled  road,  or  that  the  labor  of  said  child 
is  absolutely  necessary  for  the  support  of  the  family, 
or  that  said  child  has  completed  a  common  school 
course  including  seven  (7)  grades,  and  has  certificate 
of  same  from  the  school  said  child  attended.  If  any 
child  or  children  are  unable  to  attend  school  as  here- 
inbefore required  by  not  being  able  to  procure  books, 
on  satisfactory  proof  of  same,  the  respective  board 
shall  purchase  said  books  out  of  the  general  school 
fund  of  said  district. 

Up  to  and  including  the  fourth  grade.  Provided, 
that  the  school  board  of  any  one  district  shall  not  ex- 

20 


pend  in  any  one  year  a  sum  exceeding  in  the  aggregate 
fifteen  dollars  in  making  purchases  of  books  for  the 
pupils  of  any  one  school  in  the  district,  and  such  books 
when  so  bought  shall  become  ^the  property  of  the  school 
district  and  at  the  close  of  the  term  they  shall  be  turned 
over  to  some  person  to  be  named  by  the  board  who 
shall  safely  keep  them  until  they  shall  be  needed 
for  some  future  term. 

SECTION  3.  The  board  having  charge  of  a  public 
school  in  a  city  or  district  shall  appoint  for  a  period 
of  one  year,  one  or  more  attendance  officers  to  enforce 
the  provisions  of  this  Act.  The  fees  of  said  attendance 
officers  shall  be  the  same  as  that  of  peace  officers  for 
similar  service,  and  said  fees  shall  be  paid  from  the 
public  school  funds  of  the  city  or  district.  The  attend- 
ance officer  shall  serve  written  or  printed  notices  upon 
the  parents  or  guardians,  or  persons  who  have  charge 
and  control  of  any  child  or  children  as  aforesaid  who 
violates  the  provisions  of  this  Act,  and  shall,  when 
reasonable  doubt  exists  as  to  the  age  of  any  child, 
require  properly  attested  birth  certificate  or  an  affidavit 
stating  such  childs  age,  the  date  of  birth,  and  physical 
characteristics;  and  shall  have  the  right  to  visit  and 
enter  any  office  or  factory  or  business  house  employing 
children  as  aforesaid;  and  the  right  to  require  a  properly 
attendance  certificate  of  any  child  or  children  at  such 
day  school;  and  power  to  arrest  without  warrant, 
all  truants  and  non-attendants  as  aforesaid;  and 
place  them  in  some  public  school  unless  the  parents, 
guardians,  or  persons  in  charge  and  control  of  said  chil- 
dren, respectively,  shall  at  once  place  them  in  some 
other  day  school  as  aforesaid.  Such  attendance  officer 
shall  serve  the  legal  notices  and  subpoenas  of  the  court, 
without  further  fee  or  compensation  than  that  paid 

21 


by  the  board  as  aforesaid,  and  he  shall  carry  into  effect 
such  other  regulations  as  may  lawfully  be  required 
by  the  board  appointing  him. 

SECTION  4.  The  board  having  charge  of  the 
public  schools  of  any  city  or  district  having  10,000  or 
more  population  by  the  last  census,  may  establish 
and  maintain  from  the  public  schools  in  such  city 
or  district,  or  any  school  board  may,  at  its  discretion, 
purchase  lands  and  maintain  such  school,  either  within 
or  without  their  own  school  district,  for  children  who 
are  between  the  ages  of  8  and  16  years,  and  who  are 
either  habitual  truants  from  any  day  school  in  which 
they  are  enrolled  as  pupils,  or  who,  while  in  attendance 
at  any  school,  are  incorrigible,  vicious,  or  immoral, 
or  loiter  about  public  places  without  lawful  employment 
and  such  children  shall  be  deemed  juvenile  disorderly 
persons,  and  may  be 'by  said  board  through  its  officers, 
assigned  to,  and  required  and  compelled  to  attend  such 
truant  or  parental  school  or  any  department  of  the 
graded  schools  as  such  school  board  or  court  may  direct. 

SECTION  5.  Any  person  or  guardian,  or  persons 
having  charge  and  control  of  any  child  between  the 
ages  of  8  and  16  years,  violating  any  of  the  provisions 
of  this  Act  shall  be  warned  as  aforesaid,  as  soon  as  pos- 
sible after  the  beginning  of  the  public  school  term  of 
the  city,  town  or  district  in  which  said  child  resides, 
and  also  at  any  time  thereafter  by  the  attendance 
officer  herein  provided  for,  or  by  the  clerk  of  district 
where  no  attendance  officer  is  provided  for,  to  place 
and  keep  said  child  in  regular  attendance  at  some  day 
school,  within  ten  days,  from  the  service  of  the  said 
written  or  printed  notice  of  warning,  and  upon  failure 
to  comply  with  this  Act,  after  the  lapse  of  ten  days 

22 


from  the  date  of  service  of  said  notice  of  warning, 
said  parent,  guardian  or  other  person  having  charge 
or  control  of  said  child  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  pay 
a  fine  of  not  less  than  ten  ($10.00)  dollars,  and  not  more 
than  twenty-five  ($25.00)  dollars,  provided  such  fine 
may  be  suspended  and  finally  remitted  by  the  court 
trying  the  case  with  or  without  payment  of  cost,  at 
discretion  of  the  court,  if  the  child  be  immediately 
placed  in  regular  attendance  in  some  day  school  as 
aforesaid,  and  if  such  fact  of  regular  attendance  is 
proven  subsequently  to  the  satisfaction  of  said  court 
by  attested  certificate  of  attendance  by  the  superinten- 
dent or  teacher  of  said  day  school. 

SECTION  6.  Every  board  having  charge  of  the 
public  schools  of  any  city,  town  or  district  in  the 
State  of  Arkansas,  shall  each  year  publish  a  synopsis 
of  this  Act  ten  days  prior  to  the  opening  of  school, 
in  a  newspaper  published  in  the  town  or  city  or  dis- 
trict in  which  the  members  thereof  reside  or  shall  post 
copies  thereof  in  five  or  more  conspicuous  places  in  said 
district,  city  or  town. 

SECTION  7.  Prosecution  under  this  Act  shall 
be  brought  in  the  name  of  the  State  of  Arkansas,  before 
any  court  having  competent  jurisdiction,  and  the 
fines  collected  shall  be  paid  over  to  the  county  treasurer 
and  be  credited  to  the  general  school  fund  of  the 
respective  city,  town  or  district.  No  bond  for  cost  shall 
be  required  by  any  court  or  officer  in  prosecution 
under  this  Act;  provided,  the  following  counties  shall 
be  exempted  from  the  provisions  of  this  Act:  Baxter, 
Cleburne,  Polk,  Madison,  Franklin,  Jefferson,  Sebas- 
tian, Yell,  Independence,  Scott,  Drew,  Little  River, 
Lonoke,  Woodruff,  Boone,  Bradley,  Calhoun,  Desha, 

23 


Lafayette,  Lincoln,  Marion,  Monroe,  Phillips,  Ashley, 
Dallas,  Columbia,  Montgomery,  Chicot,  Hot  Spring, 
Saline,  St.  Francis,  Benton,  Lee,  Ouachita,  Pope, 
Union,  Crittenden,  Pulaski,  Prairie,  Hempstead, 
Howard. 

SECTION  8.  This  Act  shall  take  effect  from  and 
after  its  passage,  and  all  laws  in  conflict  are  hereby  re- 
pealed. 

Approved  May  28,  1911. 


ACT  275. 

AN  ACT  to  amend  sections  13,  14  and  16  of  Act 
399  of  the  Acts  of  the  General  Assembly  of  1907, 
approved  May  27,  1907,  being  "An  Act  creating 
the  office  of  County  Superintendent  fixing  his 
salaries  and  defining  his  duties." 

SECTION 

1.  Five  days'  institute  to  be  conducted  by  superintendent. 

2.  Salary  of  county  superintendent. 

3.  Fees  paid  to  superintendent  for  license  to  teachers. 

4.  Laws  in  conflict  repealed.    Act  in  effect  from  passage. 

Be  It  Enacted  by  the  General  Assembly  of  the  State  of 
Arkansas: 

Be  It  Enacted  by  the  People  of  the  State  of  Arkansas: 

SECTION  1.  That  section  13  of  Act  399  of  the 
Acts  of  the  General  Assembly  of  1907,  be  and  the 
same  is  hereby  amended  so  as  to  read  as  follows: 
"The  County  Superintendent  shall  conduct  a  five 

24 


days'  institute  during  the  month  of  June  under  the 
same  directions  and  requirements  as  is  now  required 
of  county  examiners." 

SECTION  2.  That  section  14  of  said  act  be  and 
the  same  is  hereby  amended,  so  as  to  read  as  follows: 
Section  12.  "The  compensation  of  the  county  superin- 
tendent shall  be  paid  out  of  the  general  school  fund  of 
their  respective  counties  and  shall  be  drawn  by  a  warrant 
signed  by  the  county  clerk  and  allowed  by  the  county 
court  or  judge  of  his  county.  Said  compensation  shall 
be  as  follows:  Each  superintendent  shall  receive  the 
same  salary  as  the  county  judge  of  his  county,  but 
no  superintendent's  salary  shall  exceed  twelve  hun- 
dred ($1,200.00)  dollars  a  year,  nor  in  any  case  be  less 
than  six  hundred  ($600.00)  dollars  a  year;  provided,  that 
county  superintendents  shall  receive  .the  fees  paid  in 
each  county  for  examination  for  license  to  teachers,  in 
addition  to  the  salary  specified  herein;  and,  provided 
further,  that  the  salary  for  the  last  quarter  of  each 
year  of  his  service  shall  not  be  paid  until  the  county 
treasurer  shall  see  in  person  that  the  proper  records 
for  the  year  have  been  filed  among  the  permanent 
records  of  the  county  superintendent's  office." 

SECTION  3.  That  section  16  of  said  act  be  and 
the  same  is  hereby  amended,  so  as  to  read  as  follows: 
"The  fees  paid  for  examination  for  license  to  teachers 
as  provided  in  section  7567  of  Kirby's  Digest,  shall 
be  set  aside  and  paid  to  the  county  superintendent 
of  each  county,  as  now  paid  to  the  county  examiner, 
in  addition  to  the  salary  specified  in  above  section." 

SECTION  4.  That  all  laws  and  parts  of  laws 
in  conflict  herewith  be  and  the  same  are  hereby  re- 

25 


pealed,  and  this  Act,  being  for  the  immediate  pro- 
tection of  the  health,  peace  and  safety  of  the  people, 
the  same  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  May  19,  1911. 


ACT  328. 

AN  ACT  to  create  a  State  High  School  Board,  to 
provide  State  aid  to  High  Schools  and  for  other 
purposes. 


SECTION 


1.  State  High  School  Board  established.     Members  indicated, 

terms  of  office  of  third  member  of  said  board.    No  compen- 
sation for  board  except  expenses. 

2.  Organization  of  said  board. 

3.  Said  board  authorized  to  classify  high  schools  and  establish 

normal  training  department  in  four  year  high  schools. 

4.  Said  board  to  have  charge  of  the  placing  of  normal  departments 

and  supervise  their  operation. 

5.  Conditions  for  aid  to  schools  by  said  board. 

6.  Certificates  to  be  issued  to  graduates  of  normal  departments 

entitling  them  to  teach  in  State. 

7.  Grammar  school  graduates  entitled  to  enter  high  school  re- 

ceiving State  aid  in  their  county. 

8.  Grammar  school  graduates  of  any  county  eligible  on  certificate. 

9.  Teachers  admitted  without  charge. 

10.  Tuition  for  non-residents  of  county  paid  by  their  schoo 

board,  exception. 

11.  Time  of  payment  of  such  tuition. 

12.  Specific  duties  of  State  High  School  Board. 

13.  Conditions  as  to  numbers  for  granting  State  aid. 

14.  Amount  designated  for  aid  of  several  classes  of  high>chools. 

26 

* 


15.  Appropriation  for  general  high  school  purposes  and  normal 

training. 

16.  Manner  of  payment  of  moneys  expended  under  this  Act. 

17.  Laws  in  conflict  repealed.     Act  in  effect  from  passage. 

Be  It  Enacted  by  the  General  Assembly  of  the  State  of 
Arkansas: 

Be  It  Enacted  be  the  People  of  the  State  of  Arkansas: 

SECTION  1.  A  board  consisting  of  the  State 
Superintendent  of  Public  Instruction,  the  President 
of  the  University  of  Arkansas,  and  a  city  superintendent 
of  schools  or  a  high  school  principal  of  this  State, 
said  superintendent  or  high  school  principal  to  be 
appointed  by  the  Governor,  is  hereby  established, 
said  board  shall  be  known  as  the  State  High  School 
Board,  and  shall  perform  any  duties  hereinafter  pre- 
scribed until  such  time  as  a  State  Board  of  Education 
is  created  by  the  Legislature.  When  said  State  Board 
of  Education  is  created  the  duties  hereby  conferred 
upon  the  State  High  School  Board  shall  devolve  upon 
said  State  Board  of  Education.  The  city  superintend- 
ent, or  high  school  principal,  constituting  the  third 
member  of  said  board  as  herein  provided,  shall  hold 
his  office  for  a  period  of  four  years  and  until  his  successor 
is  appointed  and  qualified,  unless  a  State  Board  of 
Education  is  created  before  the  expiration  of  said 
four  years.  When  said  State  Board  of  Education 
is  created,  said  State  High  School  Board  shall  turn 
over  its  records  and  all  unexpended  funds  held  by 
it  together  with  all  other  property  to  the  State  Board 
of  Education.  The  members  of  the  State  High  School 
Board,  as  provided  for  herein  shall  not  receive  any 
compensation  for  their  services  on  said  board  other 
than  traveling  and  necessary  expenses  incident  to  the 

27 


performance  of  their  duties  in  carrying  out  the  terms 
of  this  Act.  Provided,  the  State  Superintendent  of 
Public  Instruction  shall  receive  no  compensation  for 
any  expenses  as  a  member  of  said  board. 

SECTION  >2.  Said  State  High  School  Board  shall 
organize  by  electing  one  of  its  members  chairman 
and  one  secretary.  It  shall  adopt  such  rules  and  regu- 
lations for  the  conduct  of  its  business  a,s  it  may  deem 
expedient. 

SECTION  3.  It  shall  be  the  duty  of  said  State 
High  School  Board  to  classify  the  high  schools  of  the 
State,  receiving  aid  as  provided  herein,  into  four 
year  high  schools,  three  year  high  schools  and  two 
year  high  schools  and  establish  normal  training  depart- 
ments in  such  four  year  high  schools  as  provided 
herein. 

SECTION  4.  The  State  High  School  Board  shall 
designate  the  four  year  high  schools  in  which  normal 
training  departments  shall  be  established  and  shall 
prescribe  the  courses  of  study  to  be  adopted  and 
taught  in  said  schools  in  connection  with  the  regular 
high  school  courses.  Said  board  shall  determine  by 
proper  examination,  the  qualifications  of  all  teachers 
employed  in  said  normal  departments  and  approve 
their  selection.  The  object  of  said  normal  department 
is  to  instruct  teachers  in  the  best  methods  of  organiza- 
tion, teaching  and  managing  the  common  schools  of 
the  State. 

||  SECTION  5.  The  State  High  School  Board  shall 
not  aid  more  than  one  high  school  in  any  one  county 
for  normal  training  purposes;  shall  not  designate 
for  normal  training  purposes  any  four  year  high 

28 


school  having  fewer  than  three  teachers  devoting 
their  entire  time  to  high  school  instruction,  in  addition 
to  the  normal  training  teacher.  Any  school  receiving 
aid  from  the  State  High  School  Board,  for  the  training 
of  teachers,  as  herein  provided  shall  provide,  at  its 
own  expense,  a  professional  library  for  said  school 
to  be  approved  by  the  State  Superintendent  of  Public 
Instruction.  No  student  shall  be  graduated  from  the 
normal  training  department  of  said  school  who  has 
not  completed  the  full  lour  years'  course  prescribed  for 
high  schools,  including  the  normal  school  work  All 
money  received  from  the  State  in  aid  of  high  schools 
having  a  normal  training  department  shall  be  expended 
for  teaching  in  the  normal  training  department. 

SECTION  6.  The  Superintendent  of  Public  Instruc- 
tion shall  issue  to  graduates  of  normal  training 
departments,  as  herein  provided,  who  are  of  good  moral 
character,  a  certificate,  entitling  them  without  further 
examination  to  a  license  to  teach  in  any  of  the  common 
schools  in  this  State  for  a  period  of  two  years.  After 
twelve  months  of  successful  teaching,  said  certificate 
may  be  raised  to  a  full  normal  training  school  certifi- 
cate, without  further  examination  of  the  holder  thereof, 
which  shall  entitle  him  to  teach  in  any  of  the  common 
schccls  of  the  State  for  a  period  of  six  years;  provided, 
the  holder  of  said  certificate  shall  pursue  the  profes- 
sional course  of  reading  prescribed  by  the  State  Super- 
intendent of  Public  Instruction.  Authority  is  hereby 
conferred  upon  said  State  Superintendent  of  Public  In- 
struction to  revoke  for  good  cause  shown,  any  certificate 
issued  in  pursuance  of  the  terms  and  provisions  of 
this  Act. 

SECTION  7.  All  children  of  any  county,  in  which 
is  located  a  high  school  receiving  State  aid  as  herein 

29 


provided,  who  shall  have  finished  the  elementary 
course  of  study  as  prescribed  by  the  State  Superintend- 
ent of  Public  Instruction,  shall,  on  application,  be 
admitted  to  said  high  school  free  of  tuition,  as  provided 
herein. 

SECTION  8.  Any  pupil,  whether  of  the  county 
in  which  said  high  school  is  located,  or  other  county, 
desiring  to  avail  himself  of  the  provisions  of  this  Act 
shall  present  to  the  principal  of  said  high  school  a  cer- 
tificate from  the  principal  of  the  school  in  which  he 
finished  his  elementary  course,  showing  that  he  has 
completed  same.  Said  certificate  shall  be  approved 
by  the  county  examiner,  or  county  superintendent, 
of  the  county  from  which  said  pupil  comes.  Said 
certificate  shall  also  show  that  said  pupil  is  of  good, 
moral  character.  If  the  principal  of  said  high  school 
is  not  satisfied  with  the  evidence  produced  as  to  the 
qualifications  and  character  of  said  applicant,  he  may 
require  said  applicant  to  submit  to  further  examination. 

SECTION  9.  All  teachers  of  common  schools  in 
any  county  of  this  State,  regardless  of  their  age,  in 
which  is  located  a  high  school,  receiving  State  aid, 
as  provided  herein,  shall  without  charge,  be  admitted 
to  said  schools.  Any  teacher,  desiring  to  take  advan- 
tage of  this  Act,  shall  present  to  the  principal  of  said 
school  a  certificate  from  the  county  examiner,  or  county 
superintendent,  of  the  county  in  which  said  school 
is  located,  showing  that  he  is  a  teacher  in  the  common 
schools  of  the  county  and  entitled  to  free  tuition  under 
this  Act. 

SECTION  10.  The  tuition  of  students  who  are 
residents  of  a  county  having  no  high  school,  desiring 
to  attend  high  school,  shall  be  $1.50  each  month  in 

30 


advance.  It  shall  be  the  duty  of  the  district  from  which 
a  pupil  comes,  to  pay  said  tuition  out  of  the  common 
school  fund  belonging  to  the  district;  provided,  said 
district  is  financially  able  to  maintain  its  common 
school  or  schools  six  months  during  each  year.  In 
the  event  said  district  has  not  sufficient  funds  to 
maintain  its  school  or  schools  six  months  in  the  year, 
then  the  pupil  applying  for  admission  in  said  high 
school  shall  pay  the  tuition  herein  specified. 

SECTION  11.  It  sfiall  be  the  duty  of  the  school 
board  of  any  district  under  obligation  to  pay  the  tuition 
provided  for  under  this  Act,  having  a  pupil  or  pupils 
attending  the  high  school,  to  draw  its  warrant  in  favor 
of  the  school  board  of  said  high  school  attended  by 
said  pupil  upon  receipt  of  bills  from  the  secretary 
of  the  school  board  of  said  high  schools. 

SECTION  12.  The  State  High  School  Board  shall 
supervise  the  distribution  of  all  funds  derived  in  aid 
of  high  schools ;  prescribed  rules  and  regulations  govern- 
ing the  distribution  of  all  funds  received;  require 
annual  reports  from  all  high  schools  receiving  state  aid; 
prepare  and  publish  courses  of  study  for  saicj  schools 
and  require  general  conformance  to  such  courses  of 
study  as  may  be  prescribed  for  said  schools  and  provide 
for  the  inspection  of  said  high  schools.  Authority  is  here- 
by conferred  upon  the  State  High  School  Board,  in  its 
discretion  to  withdraw  aid  from  any  and  all  schools  fail- 
ing to  comply  with  the  terms  and  conditions  of  this  Act. 

SECTION  13.  No  State  Aid  for  general  school 
purposes  shall  be  granted  to  a  school  in  any  city  or 
town  having  over  3500  inhabitants,  as  shown  by  the 
last  census;  provided,  that  this  restriction  shall  not 
apply  to  state  aid  for  the  encouragement  of  normal 


training.  State  aid  shall  not  be  granted  to  a  high 
school  with  fewer  than  twenty-five  high  school 
students;  provided,  State  aid  may,  at  the  discretion 
of  the  State  High  School  Board,  for  a  period  not  to 
exceed  two  years,  be  extended  to  rural  high  schools 
having  not  fewer  than  fifteen  high  school  students. 
The  funds  received  for  State  aid  to  high  school  shall 
be  expended  in  the  payment  of  the  salaries  of  high 
school  teachers  only  and  State  aid  shall  be  granted 
to  no  school  for  whose  support  the  district,  in  which 
said  school  is  located,  does  not  expend  upon  its  high 
school  department  an  amount  equal  to  the  aid  ex- 
tended by  the  State. 

SECTION  14.  In  the  distribution  of  State  Aid 
for  general  high  school  development,  the  board  may, 
at  its  discretion,  grant  to  any  four  year  high  school 
in  any  one  year,  in  sums  not  to  exceed  eight  hundred 
($800.00)  dollars;  to  a  three  year  high  school  in  any  one 
year,  any  sum  not  to  exceed  six  hundred  ($600.00) 
dollars ;  to  a  two  year  high  school  in  any  one  year,  any 
sum  not  to  exceed  four  hundred  ($400.00)  dollars; 
provided,  said  board  shall  not  grant  to  the  schools  of  any 
one  county  more  than  five  per  cent  of  the  total  funds 
provided  by  this  Act  for  aid  to  high  schools.  In  dis- 
tributing aid  for  normal  training  the  board  may  not 
appropriate  annually  to  any  one  high  school  over  one 
thousand  ($1,000.00)  dollars;  provided  further,  that  no 
high  school  shall  receive  annually  for  general  high  school 
development  and  normal  training  an  amount  in  excess 
of  one  thousand  ($1,000.00)  dollars. 

SECTION  15.  For  the  purpose  of  defraying  the  ex- 
pense of  said  board  and  carrying  out  the  terms  and  condi- 
tions of  this  Act  in  developing  and  aiding  high  schools,  as 
herein  provided,  the  sum  of  forty  thousand  ($40,000.00) 

32 


dollars,  or  so  much  thereof  as  may  be  necessary  is 
hereby  appropriated  out  of  the  common  school  fund  of 
the  State,  each  year;  and  for  the  purpose  of  normal 
training  in  normal  training  departments  to  said  high 
schools,  as  provided  herein,  the  sum  of  ten  thousand 
($10,000.00)  dollars,  or  so  much  thereof  as  may  be 
necessary  is  hereby  appropriated  out  of  the  common 
school  fund  of  the  State,  each  year. 

SECTION  16.  All  moneys  expended  by  the  State 
High  School  Board,  under  the  terms  of  this  Act  shall 
be  by  certificate  to  the  State  Auditor,  signed  by  the 
chairman  and  secretary  of  said  board.  The  State 
Auditor  on  presentation  of  said  certificate,  properly 
signed,  shall  issue  his  warrant  on  the  State  Treasurer  for 
the  amount  named  in  the  certificate  and  it  shall  be 
the  duty  of  the  State  Treasurer  to  pay  the  county 
treasurer  of  the  county  wherein  the  high  school,  receiv- 
ing the  State  aid  specified  in  the  certificate,  upon  which 
said  warrant  was  issued,  is  situated,  the  amount 
thereof,  out  of  any  unexpended  balance  of  money 
appropriated  by  this  Act,  remaining  in  the  State 
Treasury.  The  county  treasurer,  receiving  money 
under  the  terms  of  this  Act  shall  place  same  to  the 
credit  of  the  district  in  which  is  situated  the  high 
school  receiving  such  State  aid  and  such  money  for 
the  purposes  as  herein  provided,  may  be  drawn  from 
the  county  treasury  upon  the  warrants  of  the  directors 
of  said  school  district,  as  provided  by  law.  Provided, 
no  officer  shall  receive  any  commission  or  per  cent 
for  handling  any  of  the  funds  appropriated  or  disbursed 
under  the  terms  of  this  Act. 

SECTION  17.  All  laws  and  parts  of  laws  in  con- 
flict with  this  Act  are  hereby  repealed,  and  this  Act 

33 


being  for  the  protection  of  the  public  peace,  health  and 
safety  shall  go  into  effect  and  be  M  force  from  and 
after  its  passage. 

Approved  May  30,  1911. 


ACT  375. 

AN  ACT  to  provide  for  the  incorporation  of 
institutions  of  learning  and  prescribing  the 
powers  of  such  institutions;  and  for  other  purposes. 

SECTION 

1.  Sets  out  what  constitutes  a  body  corporate  for  an  institution 

of  learning. 

2.  Unlawful  to  use  means  for  any  purpose  except  that  specified 

in  Articles  of  Association  of  said  corporation. 

3.  Meeting   and   organization   of   corporation. 

4.  Trustees;  organization  and  terms  of  office. 

5.  Perpetual  succession  of  said  corporation;    powers  of    same; 

duties  of  board  of  trustees. 

6.  Gifts  to  said  institutions  to  be  applied  to  no  other  purpose; 

exception. 

7.  Incorporated   colleges   or   universities   empowered   to   confer 

degrees  and  grant  diplomas. 

8.  Conditions  for  bestowing  said  degrees  or  diplomas.     Penalty 

for  violation  of  said  condition. 

9.  Procedure  for  securing  legal  existence,  by  act  of  incorporation 

of  such  institution. 

10.  Act  applies  to  all  present  institutions  existing  by  charters 

in  State. 

11.  Procedure  for  changing  name  of  institution. 

12.  Approval  of  State  Board  of|Education  of  such  change. 

13.  Compensation  provided  for  Secretary  of  State  for  recording 

charters  and  changing  names  of  institutions. 

34 


14.    Laws  in  conflict,  particularly  sections  herein  named,  repealed. 
Act   in   effect   from   passage. 

Be  It  Enacted  by  the  People  of  the  State  of  Arkansas: 

Be  It  Enacted  by  the  General  Assembly  of  the  State  of 
Arkansas: 

SECTION  1.  That  any  number  of  persons,  the 
multiple  of  three,  not  less  than  six,  nor  more  than 
thirty-three,  who  have  ^associated  or  shall  associate, 
according  to  the  provisions  of  this  Act,  under  any 
name  assumed  by  them,  for  the  purpose  of  founding 
or  maintaining  any  institution  of  learning,  and  who 
shall  comply  with  the  provisions  of  this  Act,  shall, 
with  their  successors,  constitute  a  body  corporate 
under  the  name  assumed  by  them  in  their  articles  of 
association;  providing  the  name  so  assumed  shall  not 
be  the  same  as  that  of  any  other  educational  institu- 
tion in  the  State. 

SECTION  2.  The  purpose  for  which  every  such 
corporation  shall  be  established  shall  be  distinctly 
specified  in  said  articles  of  association,  and  it  shall 
not  be  lawful  for  said  corporation  to  divert  or  appro- 
priate its  funds  or  property  for  any  other  purpose 
unless  authorized  to  do  so  by  the  person  or  persons, 
or  conference,  or  convention,  association,  synod  or 
other  body  under  whose  auspices  the  institution  may 
have  been  established,  or  for  whose  benefit  it  may 
be  maintained,  or  by  which  it  may  be  controlled. 

SECTION  3.  When  the  requisite  number  of  per- 
sons shall  have  associated  according  to  the  provisions 
of  this  Act,  any  three  of  them  may  call  the  first  meet- 
ing of  the  corporation  by  giving  notice  thereof  to 
each  member  of  the  association  by  written  or  printed 

35 


circulars,  at  least  ten  days  before  the  time  of  such 
meeting,  when  they  shall  elect  the  necsssary  officers, 
and  the  majority  of  said  members  shall  constitute 
a  quorum. 

SECTION  4.'  The  persons  thus  associated  shall 
be  the  trustees  of  the  proposed  institution;  unless 
they  otherwise  provide  in  their  charter,  they  shall 
elect  annually  their  officers  from  their  number;  and, 
unless  otherwise  provided  by  their  charter,  one-third 
of  the  whole  number  of  said  trustees  shall  be  annually 
retired  from  their  office,  said  number  to  be  deter- 
mined by  lot,  and  others,  or  the  same  persons,  be 
elected  to  fill  the  vacancies,  and  said  trustees  shall 
hold  their  office  as  such  until  their  successors  have 
been  elected  in  manner  provided  above. 

SECTION  5.  Unless  otherwise  provided  in  its  char- 
ter, or  by  the  governing  body  of  the  church  or  denomi- 
nation under  whose  control  the  institution  is  organ- 
ized and  maintained,  the  corporation  thus  formed 
shall  have  perpetual  succession,  and  be  empowered  to 
fill  all  vacancies  occurring  in  the  same  by  removal, 
death,  resignation  or  expiration  of  term  of  office ;  and  any 
such  corporation  shall  have  power  to  sue  and  be  sued, 
to  contract  and  be  contracted  with,  to  make  and  to 
use  a  common  seal,  and  to  alter  same  at  pleasure; 
to  buy  and  to  sell  real  and  personal  property  and 
to  take  by  gift,  conveyance,  devise,  or  bequests,  real 
and  personal  property,  and  to  hold  the  same,  and  shall 
have  power  to  enter  into  co-operative  relations  with 
other  educational  institutions  for  the  establishment 
and  maintenance  of  such  departments  or  schools  as 
they  may  agree  to  correllate;  and  to  make  such  rules 
for  the  government  of  such  departments  or  schools 

36 


as  they  may  deem  proper.  The  board  of  trustees  of 
said  corporation  shall  be  charged  with  the  govern- 
ment of  the  institutions  established  by  its  agency, 
and  the  appointment  of  all  officers  and  instructors 
therefor  and  the  compensation  of  the  same,  and  may 
delegate  their  powers  of  government  to  the  president 
and  faculty  of  any  such  institutions,  or  to  an  execu- 
tive committee  composed  of  three  or  more  of  its 
members. 

SECTION  6.  No  gift,  bequest  or  devise  made  to 
any  such  institution  for  a  particular  purpose  shall 
be  applied  to  any  other,  unless  it  is  impossible 
or  impracticable  for  the  original  purpose  to  be  exe- 
cuted. 

SECTION  7.  All  institutions  incorporated  as  col- 
leges or  universities  shall  have  power  to  confer  the 
customary  degrees,  and  grant  the  usual  diplomas  and 
honors  conferred  by  reputable  institutions  of  like 
grade. 

SECTION  8.  No  degree  or  diploma  of  any  kind 
shall  be  conferred  by  any  educational  institution  that 
has  not  been  duly  incorporated  in  the  manner  pro- 
vided by  law,  and  no  educational  institution  shall 
confer  degrees  upon  students  for  mere  correspondence 
courses,  or  upon  any  student  who  has  not  studied  in 
residence  at  said  institution  for  one  scholastic  year; 
and  no  purely  honorary  degree  shall  be  conferred 
except  by  institutions  maintaining  standard  collegiate 
or  university  courses  with  at  least  six  full  professors 
and  a  body  of  genuine  college  or  university  students 
in  residence.  Any  president,  professor  or  other  officer 
of  any  institution  who  shall  violate  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor 

37 


and  upon  conviction  thereof  shall  be  fined  in  any 
sum  not  less  than  fifty  dollars  nor  more  than  one 
thousand  dollars,  and  it  is  hereby  made  the  duty  of 
the  State  Board  of  Education  to  enforce  this  section. 

SECTION  9.  To  secure  legal  existence  by  act  of 
incorporation,  the  persons  desiring  to  become  a  cor- 
poration as  trustees  of  a  [college]  or  university  or  other 
institution  of  learning,  shall  prepare  such  charter  for 
the  proposed  institution  as  may  be  desired  by  them, 
and  shall  present  the  same  to  the  State  Board  of  Edu- 
cation, which,  until  otherwise  provided  by  law,  shall 
be  composed  of  the  Governor  and  the  Secretary  of 
State  and  the  Superintendent  of  Public  Instruction. 
If  said  charter  be  found  to  be  in  accord  (with)  the  pro- 
visions of  the  laws  of  Arkansas,  the  said  board  of 
education  shall  issue  to  said  trustees  a  certificate, 
appended  to  a  copy  of  said  charter,  with  the  seal  of 
the  State  attached,  said  certificate  stating  that  the 
accompanying  charter  is  granted  to  the  said  trustees, 
they  having  complied  with  the  provisions  of  law,  and 
that  they  are  hereby  constituted  a  board  of  direc- 
tors of  said  institution,  and  invested  with  all  the 
powers  prescribed  in  said  charter,  it  being  under- 
stood that  the  course  of  study  shall  be  equal 
or  equivalent  to  the  customary  course^  of  similar 
institutions,  and  a  majority  of  the  said  board  of 
education,  in  session  duly  called  according  to  the  rules 
to  be  adopted  by  said  board,  shall  have  authority  to 
grant  such  charter.  A  copy  of  said  charter  and  certif- 
icate shall  be  filed  with  the  Secretary  of  State,  and 
recorded  by  him  in  a  book  to  be  kept  for  that  purpose. 
The  trustees  of  academies  and  seminaries  may  be  in- 
corporated as  herein  provided,  but  shall  not  be 
authorized  to  confer  collegiate  or  university  degrees,  but 

38 


may  issue  certificates  showing  the  amount  and  kind  of 
work  done.  The  said  board  of  education  shall  have 
power,  after  giving  thirty  days  notice  in  writing  to 
the  trustees  of  any  institution  to  show  cause  why 
such  action  should  not  be  taken,  to  revoke  the 
charter  of  any  institution  whenever  the  board 
shall  find,  after  proper  investigation,  that  any  such 
institution  is  conferring  degrees  or  diplomas  with- 
out requiring  sufficient  work  therefor,  or  in  violation 
of  any  of  the  provisions  of  the  laws  of  this  State  relative 
thereto. 

SECTION  10.  The  provisions  of  this  Act  shall 
apply  to  all  institutions  at  present  existing  under  [or] 
by  virtue  of  charters  in  the  State  of  Arkansas. 

SECTION  11.  Whenever  the  trustees  of  any  cor- 
porate institution  of  learning  are  desirous  of  changing 
its  name  or  the  provisions  of  its  charter,  they  may  meet 
at  their  regular  place  of  transacting  business,  and 
change  the  name  of  such  institution  or  the  provisions 
of  its  charter;  provided,  that  a  majority  of  all  the 
trustees  shall  consent  to  such  change  and  that  no 
such  change  shall  be  made  without  due  notice  of  such 
meeting  and  the  intention  thereof  given  to  the  several 
trustees  at  least  ten  days  before  the  time  of  such 
meeting. 

SECTION  12.  When  such  change  of  name  or  of 
the  provisions  of  such  charter  shall  be  made,  such 
change  of  name  or  of  provisions  of  such  charter 
shall  not  be  effective  until  the  same  is  approved  by 
the  State  Board  of  Education,  and  when  so  approved 
a  copy  of  the  resolution  of  the  board  of  trustees  pro- 
viding for  such  a  change,  together  with  a  certificate  of  the 
State  Board  of  Education  as  to  its  approval  thereof, 

39 


shall  be  filed  in  the  office  of  the  Secretary  of  State 
and  by  him  recorded  in  a  book  to  be  kept  for  such 
purposes. 

SECTION  13.  For  filing  and  recording  a  charter 
of  any  educational  institution  the  Secretary  of  State 
shall  receive  the  sum  of  fifteen  dollars,  and  for  filing 
and  recording  any  certificate  as  to  change  of  name  or 
of  the  provisions  of  any  such  charter,  the  Secretary 
of  State  shall  receive  the  sum  of  five  dollars,  which 
fee  shall  be  paid  by  the  board  of  trustees  of  the 
institution  incurring  same. 

SECTION  14.  That  all  laws  and  parts  of  laws  in 
conflict  herewith,  and  particularly  Sections  915,  916. 
917,  918,  919,  920,  923,  924,  925  and  926  of  Kirby's 
Digest  of  the  laws  of  Arkansas,  be  and  they  are  herebv 
repealed  and  this  Act  shall  be  in  force  and  effect  from 
and  after  its  passage. 

Approved    May   31,    1911. 


ACT   376. 

AN  ACT  to  amend  Act  331  of  the  General 
Assembly  of  the  State  of  Arkansas,  approved 
May  31,  1909,  entitled,  "An  Act  to  authorize 
school  districts  in  this  State  to  exercise  the 
power  of  eminent  domain  and  to  take  and  use 
private  property  for  school  purposes." 

SECTIONS 

1.  Proposed  amendments  of  said  Act  stated  hereinafter. 

2.  Power  of  eminent  domain  and   condemnation  of  private 

property  given  to  school  districts. 

3.  Condemnation  of  said  property;  compensation  therefor. 

40 


4.  In  case  of  disagreement  as  to  compensation,  condemnation 

proceedings  in  circuit  court. 

5.  Jury  to  fix  said  compensation. 

6.  Time  of  payment  of  compensation;    Act  applies  only* to 

counties  herein  named. 

7.  Acts  in  conflict  repealed.     Act  in  effect  from  passage. 

Be  It  Enacted  by  the  People  of  the  State  of  Arkansas: 

Be  It  Enacted  by  the  General  Assembly  of  the  State  of 
Arkansas: 

SECTION  1.  That  Act  331  of  the  Acts  of  the 
General  Assembly  of  the  State  of  Arkansas,  approved 
May  31,  1909,  be  amended  so  as  to  read  as  follows: 

SECTION  2.  The  school  districts  in  this  State 
are  hereby  authorized  to  exercise  the  power  of  emi- 
nent domain  and  to  condemn,  take  and  use  private 
property  for  the  use  of  said  school  districts  for  school 
houses  or  necessary  play  grounds  or  other  necessary 
uses  incidental  thereto. 

SECTION  3.  Whenever  any  such  district  shall 
deem  it  desirable  or  necessary  to  condemn,  take  or 
use  any  private  property  for  the  purposes  mentioned 
in  section  1,  it  may  condemn  the  same,  first  offering 
just  compensation  therefor. 

SECTION  4.  In  case  the  owners  of  such  prop- 
erty and  the  authorized  board  of  directors  of  the 
school  district  shall  not  be  able  to  agree  on  the  price 
to  be  paid  for  such  property,  the  said  school  district 
may  file,  in  the  circuit  court  of  the  county  where 
such  property  is  situated,  condemnation  proceedings, 
in  which  they  shall  set  out  specifically  the  descrip- 
tion of  the  property  desired,  the  purposes  for  which 


it  is  desired,  and  that  the  said  district  and  the  owner 
have  not  been  able  to  agree  upon  a  price  therefor, 
and  may,  if  the  use  or  enjoyment  of  the  property  is 
needed  forthwith  for  the  construction  of  any  build- 
ing or  proper  carrying  on  of  any  school,  request  the 
court,  or  the  judge  thereof,  at  a  convenient  day,  notice 
of  such  application  being  given  such  owner,  to  fix  a 
proper  sum  of  money  to  be  deposited  as  security  for 
the  payment  of  such  damages  as  may  be  assessed, 
whereupon  they  shall  have  authority  to  take  immedi- 
ate possession  of  such  premises  for  uses  as  set  up  in 
their  petition. 

SECTION  5.  If  the  damages  or  proper  compen- 
sation for  such  property  are  not  agreed  upon  before 
the  case  is  called  for  trial  in  its  regular  order,  a  jury 
shall  be  empaneled  who,  after  hearing  all  the  testi- 
mony, shall  fix  the  compensation  to  be  paid  by  such 
district,  not  exceeding  the  actual  value  of  the  land 
taken,  without  taking  into  consideration  either  detri- 
ment or  benefit  on  account  of  school  use  to  said  prop- 
erty or  any  adjacent  property. 

SECTION  6.  After  the  compensation  is  so  fixed 
by  the  jury,  as  in  the  preceding  section  provided, 
the  school  district  shall,  within  sixty  days  thereafter, 
pay  to  the  owner  of  said  property,  or  to  the  clerk 
of  the  court  wherein  such  verdict  was  rendered,  the 
amount  of  such  verdict,  and  the  court  shall  there- 
upon enter  an  order  condemning  said  property  and 
vesting  the  title  in  the  same  for  school  purposes  in 
said  district;  provided,  either  party  shall  have  the 
right  of  appeal  from  any  such  order  or  judgment. 

The  provisions  of  this  Act  shall  apply  to  the 
following  named  counties  only:  Jackson,  Faulkner, 

42 


Logan,  Arkansas,  Woodruff,  Cross,  Madison,  Desha, 
Pulaski,  Pope,  Polk,  Yell,  Searcy,  Sevier,  Mississippi, 
Miller,  Crittenden,  Baxter,  Craighead,  Montgomery, 
Cleburne  and  Sebastian. 

SECTION  7.  All  acts  or  parts  of  acts,  in  conflict 
herewith  are  hereby  repealed,  and  this  Act  shall  be  in 
force  and  from  after  its  passage. 

Approved  May  31,  1911. 


ACT  423. 

AN  ACT  to  appropriate  and  apportion  to  the 
public  schools  and  the  public  road  funds  money 
paid  into  the  State  treasury  for  these  purposes 
by  the  Federal  Government  from  the  revenues 
from  the  Forest  Reserve  within  this  State. 

SECTION 

1.  Provision  for  appropriation  of  said  money. 

2.  Three-fourths    appropriated    to    public    schools,    remaining 

one-fourth  to  public  roads. 

3.  Report  of  State  Treasurer  and  Auditor  to  Board  of  Educa- 

tion concerning  amount  for  school  funds;   their  action 
in  the  matter. 

4.  State  Treasurer  to  turn  over  road  funds  to  respective  county 

treasurers. 

5.  Laws  in  conflict  repealed.     Act  in  effect  from  passage. 

Whereas,  It  is  provided  by  act  of  Congress  Vol. 
No.  35,  part  1,  page  260,  that  twenty-five  per  cent 
of  all  revenue  received  from  the  Forest  Reserves  shall 
be  paid  into  the  State  treasury  at  the  close  of  each 
fiscal  year,  beginning  with  the  year  which  closed 

43 


June  30,  1908,  and  that  such  money  shall  be  appor- 
tioned to  each  county  from  which  it  was  received 
for  the  benefit  of  the  public  schools  and  the  public 
roads  of  such  county  or  counties  in  such  manner  as 
may  be  determined  by  enactment  of  the  General 
Assembly. 

Whereas,  The  Federal  Government  is  paying  this 
money  into  the  State  treasury  in  considerable  sums, 
now  amounting  to  nearly  $5,000.00,  and  this  revenue 
will  continue  and  greatly  increase;  and, 

Whereas,  This  money  will  lay  in  the  State  treas- 
ury without  benefit  to  the  public  schools  or  the  pub- 
lic roads  for  the  next  two  years,  unless  action  is  taken 
by  the  present  General  Assembly;  therefore, 

Be  It  Enacted  by  the  General  Assembly  of  the  State  of 
Arkansas: 

Be  It  Enacted  by  the  People  of  the  State  of  Arkansas: 

SECTION  1.  That  all  money  paid  into  the  State 
treasury  by  the  Federal  Government  from  the  revenue 
derived  from  the  Forest  Reserves  within  this  State  for 
the  benefit  of  public  schools  and  public  roads,  as  pro- 
vided by  Congressional  Act,  to  the  amount  of  $50,- 
000.00,  or  as  much  thereof  as  may  be  so  paid  in,  shall 
be  hereby  appropriated  as  follows: 

SECTION  2.  Three-fourths  of  the  money  received 
by  the  State  treasury  from  the  Federal  Government 
from  the  revenues  derived  from  the  Forest  Reserves 
within  this  State  shall  be  apportioned  to  the  public 
schools,  and  the  remaining  one-fourth  to  the  puolic 
roads  of  the  respective  counties  from  which  such 
money  was  derived. 

44 


SECTION  3.  The  State  Treasurer  and  the  State 
Auditor  shall  report  to  the  State  Board  of  Education 
the  amount  of  said  funds  on  hand  for  each  county  in 
the  State  on  September  1,  each  year;  and  the  State 
Board  of  Education  shall  add  to  the  State  apportion- 
ment of  common  school  funds  the  amount  due  each 
county  for  the  public  schools,  which  amounts  shall 
be  paid  out  to  the  respective  counties  and  apportioned 
to  the  several  school  districts  in  the  same  manner 
as  other  funds  apportioned  by  the  State  to  the  pub- 
lic schools. 

SECTION  4.  The  State  Treasurer,  on  the  first 
Monday  in  September  each  year,  shall  draw  his  war- 
rant in  favor  of  the  county  treasurer  in  each  county, 
having  any  funds  from  the  said  Forest  Reserve  revenue 
for  the  remaining  one-fourth  of  said  money;  and  the 
county  treasurers  shall  add  the  same  to  the  fund  of 
their  respective  counties  for  the  improvement  of  the 
public  roads. 

SECTION  5.  All  laws  and  parts  of  laws  in  con- 
flict herewith  are  hereby  repealed  and  this  Act  being 
for  the  immediate  protection  for  the  public  peace, 
health  and  safety,  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  May  31 ,  1911. 


ACT  431. 

AN  ACT  to  create  a  State  Board  of  Education  and 

prescribe  the  powers  and  duties  thereof. 
SECTION 

1.  State   Board   of   Education   created   and   constituted. 

2.  Oath  of  office. 

45 


3.  Terms   of   office.    Vacancies. 

4.  Meetings. 

5.  Organization. 

6.  No  remuneration  to  members  of  board.    Appropriation  for 

expenses. 

7.  Management   and   investment   of   common   school   fund   by 

said  board. 

8.  Procedure  to  secure  delinquent  school   money. 

9.  Report  of  condition  of  school  fund  to  board  by  State  Auditor. 

10.  State  Auditor  to  draw  warrant  on  treasurer  for  payment  of 

State  school  fund. 

11.  State  Treasurer  to  deposit  in  treasury  purchase  money  for 

securities. 

12.  Settlement  of  account  of  school  fund  and  ratification  of  ap- 

portionment of  said  funds  by  said  board. 

13.  Powers  and  duties  of  said  board. 

14.  Application  of  teachers  holding  first  grade  county  certificates 

to  State  Superintendent  for  examination  to  secure  state- 
wide certificate 

15.  Issuance  of  State  licenses  to  teachers,  based  upon  out-of- 

state   certificates,    diplomas   or   degrees.    Fees   therefor. 

16.  Said  board  to  have  general  supervision  of  public  schools  in 

State;  provision. 

17.  Filing  of  records  of  said  board. 

18.  Seal  of  said  board. 

19.  Laws  in  conflict  repealed.    Act  in  effect  from  passage. 

Be  It  Enacted  by  the  General  Assembly  of  the  State  of 
Arkansas: 

Be  It  Enacted  by  the  People  of  the  State  of  Arkansas: 

SECTION  1.  A  State  Board  of  Education,  to  be 
composed  of  the  State  Superintendent  of  Public  In- 
struction and  one  member  from  each  congressional 
district,  is  hereby  created.  The  State  Superintendent 
of  Public  Instruction  shall  be  ex-officio  chairman  of 

46 


said  board.  The  members  of  said  board,  other  than 
the  State  Superintendent  of  Public  Instruction,  shall 
be  appointed  and  commissioned  by  the  Governor, 
subject  to  confirmation  by  the  Senate. 

SECTION  2.  The  members  of  said  board,  other 
than  the  State  Superintendent  of  Public  Instruction, 
shall  take  and  subscribe  to  the  oath  of  office  as  pro- 
vided in  section  5763,  Kirby's  Digest. 

SECTION  3.  The  term  of  office  of  the  appointed 
members  shall  be  seven  years,  and  until  their  suc- 
cessors are  appointed  and  qualified;  provided,  that  in 
the  appointment  of  the  first  State  Board  of  Educa- 
tion, one  member  shall  be  appointed  for  one  year, 
one  for  two  years,  one  for  three  years,  one  for  four 
years,  one  for  five  years,  one  for  six  years,  and  one  for 
seven  years.  If  a  vacancy  shall  occur  on  said  board, 
the  vacancy  shall  be  filled  by  appointment,  as  pro- 
vided in  section  1,  and  said  member  so  appointed  shall 
serve  out  the  unexpired  term  of  the  member  in  whose 
place  he  is  appointed. 

SECTION  4.  The  State  Board  of  Education  shall 
meet  annually  on  the  first  Monday  of  September  of 
each  year,  in  the  office  of  the  State  Superintendent 
of  Public  Instruction;  provided,  the  State  Superin- 
tendent of  Public  Instruction,  as  chairman  of  the 
State  Board  of  Education,  may  convene  said  board 
at  any  time  upon  five  days  written  notice  to  the 
members  thereof;  provided,  further,  that  the  chairman 
of  said  board  shall  call  a  meeting  thereof  at  any  time 
upon  the  written  petition  of  four  members  of  said 
board. 

SECTION  5.  As  soon  as  practicable,  after  the 
appointment  and  qualification,  the  members  of  said 

47 


board  shall  meet  in  the  office  of  the  State  Superin- 
tendent of  Public  Instruction  and  elect  one  of  their 
number  secretary,  perfect  the  organization  of  said 
board  and  adopt  such  rules  and  regulations  as  they 
may  deem  advisable  for  the  performance  of  the  duties 
of  said  board  as  hereinafter  set  forth. 

SECTION  6.  The  appointed  members  of  said  board 
shall  serve  without  remuneration,  other  than  their 
actual  traveling  and  hotel  expenses  when  attending 
the  meetings  of  said  board,  such  expenses  to  be  paid 
upon  the  certificate  of  the  chairman  and  secretary 
of  said  board  to  the  Auditor  of  State,  who  shall  issue 
his  warrant  upon  the  State  treasury  in  payment  of 
same.  The  sum  of  '*two  thousand  ($2,000.00)  dollars, 
or  so  much  thereof  as  may  be  necessary  is  hereby 
appropriated  out  of  any  moneys  in  the  general  revenue 
fund  to  cover  the  expenses  of  said  Board  for  the  ensuing 
two  years. 

SECTION  7.  The  State  Board  of  Education  shall 
have  the  management  and  investment  of  the  common 
school  fund  belonging  to  the  State,  and  shall,  from 
time  to  time,  as  the  same  may  accumulate,  securely 
invest  the  said  funds  in  bonds  of  the  United  States 
or  the  State  of  Arkansas. 

SECTION  8.  All  moneys  required  by  law  to  be 
paid  into  the  treasury  to  the  credit  of  the  common 
school  fund  may,  if  the  same  be  not  paid  within  thirty 
days  after  they  shall  have  become  due  and  payable,  be 
recovered,  with  interest  due  thereon,  by  action  in 
any  court  having  jurisdiction;  and  such  action  shall 
be  prosecuted  by  the  Attorney  General  of  the  State, 
or  by  the  prosecuting  attorney  of  any  judicial  dis- 
trict within  this  State,  when  so  directed  by  said  board 

48 


SECTION  9.  The  State  Auditor  shall  annually, 
on  the  first  Monday  in  September,  transmit  to  the 
State  Board  of  Education  a  report  of  the  condition 
of  the  school  fund  on  the  first  day  of  September,  with 
an  abstract  of  the  accounts  thereof  in  his  office. 

SECTION  10.  The  State  Auditor  shall,  under  the 
direction  of  the  State  Board  of  Education,  draw  war- 
rants on  the  State  Treasurer  for  the  payment  of  all 
or  any  portion  of  the  common  school  fund  belonging 
to  the  State,  for  the  purchase  of  bonds  or  other  se- 
curities in  which  the  same  is  by  law  invested. 

SECTION  11.  The  State  Treasurer  shall,  by  vir- 
tue of  such  warrant,  pay  from  the  uninvested  common 
school  fund  the  purchase  money  for  said  securities, 
and  shall  receive  and  deposit  the  same  in  the  State 
treasury  for  safe-keeping,  and  receipt  to  the  State 
Superintendent  of  Public  Instruction,  as  chairman 
of  said  board,  for  the  kind  and  amount  of  such  securi- 
ties. 

SECTION  12.  Said  board  shall,  at  their  annual 
meeting,  settle  with  the  State  Treasurer  all  accounts 
of  the  common  school  fund  not  before  settled;  and 
shall  ratify  the  apportionment  of  the  common  school 
funds  by  the  State  Superintendent  of  Public  Instruc- 
tion, as  provided  by  section  7521  of  Kirby's  Digest. 

SECTION  13.  The  powers  and  duties  now  im- 
posed upon  the  Governor,  Secretary  of  State  and  the 
State  Superintendent  of  Public  Instruction,  as  a  board 
for  the  chartering  of  educational  institutions,  as  pro- 
vided in  section  924  of  Kirby's  Digest,  shall  here- 
after devolve  upon  the  State  Board  of  Education. 
Said  board  shall  have  the  sole  power  to  grant  charters 

49 


to  academies,  colleges,  universities,  and  all  other 
higher  institutions  of  learning;  determine  what  insti- 
tutions may  confer  degrees  and  under  what  conditions; 
inspect  all  chartered  institutions,  and  to  revoke  their 
charters,  for  failure  to  maintain  such  standards  as 
may  be  required.  All  charters  heretofore  granted 
shall  be  examined  by  the  board  and  it  shall  have 
authority  to  issue  new  or  revised  charters,  if  neces- 
sary, to  bring  all  into  conformity  to  the  rules  of  said 
board.  In  dealing  with  charters,  the  Attorney  Gen- 
eral shall  be  consulted  and  no  rule  shall  be  adopted 
or  order  issued  without  his  approval. 

SECTION  14.  Any,  teacher  holding  a  first  grade 
county  license  in  any  county  in  this  State,  desiring 
to  have  said  license  made  state-wide,  may  apply  to 
the  State  Superintendent  of  Public  Instruction  for 
an  examination.  It  shall  be  the  duty  of  the  State 
Superintendent  of  Public  Instruction,  under  the  super- 
vision of  the  State  Board  of  Education,  to  examine 
said  applicant  and  to  determine  whether  or  not  his 
license  shall  be  made  state- wide.  Said  examination 
shall  be  made  by  said  Superintendent  of  Public  In- 
struction by  an  examination  of  the  papers,  the  ques- 
tions propounded  by  the  county  examiner  or  county 
superintendent,  and  the  answers  of  the  applicant 
thereto,  at  any  regular  quarterly  examination  before 
said  county  examiner  or  county  superintendent,  at 
the  time  said  first  grade  certificate  was  granted  and 
issued  to  said  applicant,  and  such  further  evidence 
as  the  State  Superintendent  of  Public  Instruction 
may  desire.  It  shall  be  the  duty  of  the  county  exam- 
iner or  county  superintendent,  at  the  request  of  any 
teacher,  holding  a  first  grade  certificate  and  desiring 
to  take  the  examination,  as  herein  stated,  to  transmit 

50 


to  the  State  Superintendent  of  Public  Instruction 
the  questions  propounded  by  him,  and  the  answers 
of  the  applicant  thereto,  at  the  regular  quarterly 
examination  at  which  said  first  grade  certificate  was 
granted  to  said  applicant,  the  cost  of  transmission 
to  be  paid  by  said  applicant.  If  the  State  Superin- 
tendent of  Public  Instruction  shall  be  satisfied  from 
an  examination  of  the  applicant,  as  aforesaid,  that 
he  is  of  good  moral  character  and  qualified  to  teach 
and  to  hold  a  first  grade  certificate,  he  shall  issue  to 
said  applicant  a  certificate  of  the  same  grade  as  that 
held  by  said  applicant,  and  said  certificate  shall  au- 
thorize said  applicant  to  teach  in  any  county  of  this 
State,  without  further  examination,  for  the  period  of 
time  specified  in  the  certificate  originally  issued  to 
him  by  the  county  examiner  or  county  superintendent. 
A  fee  of  one  dollar  shall  be  charged  and  collected  from 
said  applicant  for  said  examination,  the  same  to  be 
paid  into  the  State  treasury  and  credited  to  the  insti- 
tute and  library  fund,  as  now  provided  in  case  of  fees 
for  State  and  professional  licenses.  The  expense  of 
grading  said  papers  shall  be  paid  out  of  the  said  insti- 
tute and  library  fund  upon  the  requisition  of  the 
State  Superintendent  of  Public  Instruction  to  the 
State  Auditor,  who  shall  issue  his  warrant  upon  the 
State  treasury  in  payment  of  said  expense.  In  no 
case,  however,  shall  the  cost  of  any  examination  ex- 
ceed the  fees  paid  by  the  applicant  for  same. 

SECTION  15.  The  State  Superintendent  of  Pub- 
lic Instruction,  under  the  supervision  of  the  State 
Board  of  Education,  may  issue  state  or  professional 
licenses  based  upon  state  teachers'  certificates  granted 
in  other  states,  or  based  upon  normal  school  diplomas, 
or  degrees  from  educational  institutions,  if  it  be  shown 


to  the  satisfaction  of  said  superintendent  and  board 
that  the  examination  required  of  said  applicant,  or 
course  of  study  pursued  by  him,  was  of  the  standard 
required  for  the  issuance  of  state  or  professional 
licenses.  All  applicants  for  such  licenses  shall  pay 
the  same  fee  and  in  the  same  manner  as  is  now  pre- 
scribed by  law  for  professional  and  state  licenses. 
In  the  issuance  of  all  jcertificates,  said  superintendent 
and  board  shall  require  satisfactory  evidence  of  the 
good  moral  character  and  successful  teaching  experi- 
ence of  the  applicant.  Said  superintendent,  under 
the  supervision  of  said  board,  shall  have  the  power 
and  authority  to  revoke,  for  good  cause  shown,  any 
certificate  or  license,  granted  under  authority  con- 
ferred by  this  Act  to  teach  in  the  public  schools. 

Provided,  any  county  examiner  or  county  super- 
intendent may  issue  county  license  based  upon  state 
teachers*  certificate  granted  in  other  states,  or  based 
upon  normal  school  diplomas  or  degrees  from  educa- 
tional institutions,  for  which  he  shall  receive  the  fee 
now  provided  for  county  license;  provided,  license 
from  the  State,  or  diploma  from  the  normal  school, 
or  degree  from  the  educational  institution  issuing  the 
State  license,  diploma  or  degree  upon  which  the  county 
license  is  based,  has  been  recognized  and  accredited 
by  the  State  Board  of  Education,  but  if  license  from 
State  issuing  said  certificate,  or  school  issuing  said 
diploma  or  degree  has  not  been  passed  upon  by  the 
State  Board  of  Education,  it  shall  do  so  at  the  request 
of  any  county  examiner  or  superintendent,  at  its 
next  regular  meeting;  provided,  the  diploma,  degree 
or  state  license,  with  other  proper  data,  be  filed  with 
the  State  Board  of  Education,  when  it  shall  place 
the  same,  or  refuse  to  place  the  same  upon  the  accred- 
ited list. 

52 


SECTION  16.  The  State  Board  of  Education  shall 
have  general  supervision  of  the  public  schools  of  the 
State;  may  prepare  and  distribute  plans  and  specifica- 
tions for  the  construction  and  equipment  of  school 
buildings,  when  called  upon  to  do  so;  provide  courses 
of  study  for  rural,  elementary,  graded  and  high  schools; 
prescribe  plans  for  the  organization  and  conduct  of 
teachers'  institutes;  prescribe  rules  and  regulations 
for  the  sanitary  inspection  of  all  school  buildings, 
and  for  the  examination  of  pupils  in  order  to  detect 
contagious  and  infectious  diseases  and  physical  de- 
fects, and  shall  take  such  other  action  as  may  by  said 
board  be  deemed  necessary  and  expedient  to  pro- 
mote the  physical  welfare  of  the  school  children; 
shall  classify  and  standardize  the  public  schools,  pre- 
scribe the  requirements  for  accrediting  graded  and 
high  schools;  provide  for  new  forms  of  educational 
efforts;  and  shall,  in  general,  take  such  action  as  may 
be  necessary  to  promote  the  organization  and  in- 
crease the  efficiency  of  the  educational  system  of 
the  State. 

Provided,  that  nothing  in  this  Act  shall  be  so 
construed  as  to  give  to  the  State  Board  of  Education, 
herein  provided  for,  or  to  the  State  Superintendent 
of  Public  Instruction  any  power  or  authority  to  recom- 
mend or  prescribe  any  text  book  to  be  adopted  or 
used  in  any  public  school  or  schools  of  the  State  and 
that  this  Act  does  not  repeal  any  statutes  regarding 
the  adoption  and  use  of  text  books  and  shall  not  be 
construed  to  curtail  or  limit  the  powers  of  the  direct- 
ors of  any  school  district  in  the  State. 

SECTION  17.  Said  State  Board  of  Education  shall 
keep  a  complete  record  of  all  its  proceedings  and  the 
same  shall  be  filed  with  the  permanent  records  of  the 

53 


State  Superintendent  of  Public  Instruction;  shall 
prepare  a  report  which  shall  be  incorporated  with  the 
report  of  the  State  Superintendent  of  Public  Instruc- 
tion each  biennial  term. 

SECTION  18.  The  seal  of  the  State  Superintend- 
ent of  Public  Instruction  shall  be  adopted  and  used 
by  the  State  Board  of  Education. 

SECTION  19.  All  laws  and  parts  of  laws  in  conflict 
herewith  are  hereby  repealed,  and  this  law  shall  go 
into  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  except  item  in  section  6,  June  1,  1911. 


ACT   450. 

AN  ACT  to  provide  for  the  formation  of  School 
Districts;  when  such  Districts  are  situated  in 
two  or  more  adjoining  counties;  to  provide 
for  the  administration  of  the  affairs  of  such 
Districts;  and  for  other  purposes. 


SECTION 


1.  Formation  of  common,  consolidated  or  special  school  districts 

(by  an  election). 

2.  Powers  and  privileges  of  districts  formed.    Board  of  directors. 

Terms  of  office. 

3.  Reports  to  be  made  to  the  officer  of  county  in  which  the  greater 

part  of  district  lies. 

4.  Tax;  the  certification  of  amount  and  collection  of  same;  laws 

applicable  to  districts  of  like  kind  are  applicable  to  districts 
formed  under  this  Act. 

5.  Title  of  all  the  property  of  several  districts  vested  in  said  new 

district. 

6.  Laws  in  conflict  repealed.     Act  in  effect  from  passage. 

54 


Be  It  Enacted  by  the  General  Assembly  of  the  State  of 
Arkansas: 

Be  It  Enacted  by  the  People  of  the  State  of  Arkansas: 

SECTION  1.  Whenever  a  majority  of  the  electors 
of  any  number  of  school  districts,  which  are  contiguous, 
situated  in  two  or  more  adjoining  counties  petition  the 
county  court  of  the  respective  counties  for  the  formation 
of  a  common  school  district,  a  consolidated  school 
district,  or  a  special  or  single  school  district,  the  county 
court,  within  fifteen  days  after  the  filing  of  such  peti- 
tion, together  with  a  map  showing  the  total  amount 
of  territory  to  be  embraced  in  said  proposed  district 
and  written  description  of  the  boundaries  of  the  same 
showing  all  districts  and  parts  of  districts  so  embraced, 
shall  order  an  election,  and  specify  the  time  for  holding 
the  same  in  each  district  so  petitioning. 

The  directors  in  each  district  shall  serve  as  the 
judges  of  said  election,  together  with  two  clerks  selected 
by  the  judges,  who  shall  hold  said  election  and  shall 
make  returns  of  the  election  to  the  county  clerk  of 
the  county  in  which  such  district  is  located.  Notices 
of  such  special  election  shall  be  posted  in  at  least 
three  public  places  in  each  district  at  least  ten  days 
before  such  special  election  and  such  special  election 
shall  be  held  in  each  district  at  the  regular  voting  place. 

The  ballot  of  said  special  election  shall  be,  "For 
Common  School  District,"  "  Against  Common  School 
District,"  "For  Consolidated  School  District," 
"Against  Consolidated  School  District,"  or,  "For 
Special  School  District,"  "Against  Special  School 
District" — as  the  kind  or  class  of  said  proposed  district 
may  have  been  designated  in  said  petitions. 

55 


If  a  majority  vote  of  such  election  in  each  district 
be  for  the  formation  of  said  proposed  district,  the  county 
court  of  the  county  in  which  such  district  is  located 
at  its  regular  next  time  of  meeting,  shall  make  an  order 
of  transfer  of  such  districts  or  parts  of  districts  to  said 
proposed  district.  Provided,  in  such  transfer  herein 
mentioned  no  district  shall  be  reduced  to  less  than  35 
persons  of  scholastic  age. 

In  the  event  however,  a  majority  vote  in  any  dis- 
trict be  against  the  formation  of  said  proposed  district, 
then  the  district  or  part  of  district  affected  shall  not 
be  made  a  part  of  said  proposed  district. 

SECTION  2.  Whenever  a  district  is  formed  under 
the  provisions  hereinbefore  set  forth,  such  district 
shall  possess  and  have  all  the  powers  and  privileges  now 
given  to  districts  of  the  kind  or  class  designated  in  said 
petition,  as  provided  in  section  one  of  this  Act. 

When  such  district  shall  be  formed  as  provided  in 
this  Act,  there  shall  be  appointed  by  the  county  court 
of  the  county  in  which  the  largest  area  of  territory  of 
such  district  is  situated  a  board  of  three,  or  six  directors, 
as  the  case  may  be  according  to  the  kind  or  class  of 
district  so  formed,  from  the  electors  of  all  the  districts 
affected.  Said  board  of  directors  shall  serve  until  the 
next  annual  school  election,  at  which  election  a  board 
of  directors  shall  be  elected  in  said  district.  Provided, 
that  in  the  case  of  common  school  districts  there  shall 
be  elected  a  board  of  three  directors,  one  to  serve  one 
year,  one  to  serve  two  years,  and  one  to  serve  three 
years;  and  in  the  case  of  consolidated,  or  special  school 
districts,  there  shall  be  elected  a  board  of  six  directors, 
two  to  serve  for  one  year,  two  to  serve  for  two  years, 
and  two  to  serve  for  three  years,  and  annually  there- 

56 


after  an  election  shall  be  held  in  said  district,  as  provided 
by  statutes  for  annual  school  elections  for  districts 
of  the  kind  or  class  of  the  respective  districts  formed 
under  this  Act. 

SECTION  3.  For  the  purpose  of  administration 
of  the  affairs  of  said  district,  such  as  making  the  annual 
and  enumeration  reports,  certifying  the  election  of 
directors,  and  any  and  all  other  reports  now  required 
ko  be  made  by  directors^  and  teachers,  said  district 
shall  be  considered  a  part  of  the  county  in  which  the 
largest  area  of  territory  of  said  district  is  located, 
and  all  such  reports  as  are  required  to  be  made  to  the 
respective  officer  of  such  county.  Provided,  that  the 
teacher  or  teachers  of  said  district  is  considered  a  part 
for  the  administration  of  its  affairs.  Provided,  further, 
that  persons  living  in  any  part  of  said  district  shall 
have  the  same  right  to  vote  and  to  hold  office  as  those 
persons  living  in  any  other  part  of  the  district. 

SECTION  4.  The  tax,  amount  and  kind,  voted 
in  said  district  shall  be  reported  by  the  directors  to 
the  county  clerk  of  each  county  in  which  any  part  of 
said  district  is  located  in  order  that  such  tax  may  be 
levied  and  collected  in  the  county  in  which  any  part 
of  said  district  is  located. 

The  tax,  when  so  certified  by  the  directors  of  said 
district  to  the  county  clerk,  shall  be  levied  and  col- 
lected in  the  same  manner  as  is  now  prescribed  by  law, 
and  such  tax,  when,  collected  shall  be  placed  to  the 
credit  of  said  district.  Provided,  that  all  polls  and 
penalties  assessed  and  collected  within  said  district 
shall  be  credited  to  said  district  by  the  county  court 
of  the  county  in  which  said  polls  and  penalties  are  col- 

57 


lected.  Provided  further,  that  all  moneys  of  what- 
soever character,  placed  to  the  credit  of  said  district 
in  each  county  wherein  any  of  the  territory  of  said 
district  is  situated,  shall  be  paid  out  by  the  treasurer 
of  the  county  where  same  is  held  in  the  same  manner 
as  is  now  prescribed  for  paying  out  school  moneys, 
upon  the  warrants  of  the  directors  of  said  district, 
when  such  warrants  are  properly  drawn. 

All  laws  applicable  to  districts  of  like  kind  or  class 
shall  be  made  applicable  to  all  districts  formed  under 
the  provisions  of  this  Act. 

SECTION  5.  The  title  to  all  real  estate  and  other 
property  belonging  to  the  several  districts  and  all  school 
property  within  the  parts  of  districts  entering  into 
said  new  district  shall  vest  absolutely  in  said  new  dis- 
trict. Provided,  that  all  terms  of  school  in  session  at 
the  time  said  district  is  formed  and  all  contracts  with 
teachers  in  the  several  districts  forming  said  new  dis- 
trict may  not  be  interrupted  or  annulled,  but  such  terms 
shall  continue  to  the  end  and  such  contracts  be  ful- 
filled. 

SECTION  6.  All  laws  and  parts  of  laws  in  conflict 
herewith  are  hereby  repealed  and  this  Act,  being  for 
the  immediate  protection  of  the  public  peace,  health, 
and  safety,  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  June  2,  1911. 


ACT  458. 

AN  ACT  to  prescribe  the  number  of  directors  for  all 
Special  School  Districts,  to  provide  the  method 
of  their  appointment  or  election  and  for  other 
purposes. 

58 


SECTION 

1.  If  any  special  school  district  has  less  than  six  directors  the 

county  court  hereby  authorized  to  appoint  a  sufficient 
number  to  make  a  total  of  six. 

2.  Time  of  such  appointment. 

3.  Annual  election  of  directors  for  term  of  three  years;  Act  applies 

only  to  counties  named. 

4.  Act  does  no  repeal  section  7682  Kirby's  Digest. 

5.  Emergency  declared;  Act  in  effect  from  passage. 

Be  It  Enacted  by  the  General  Assembly  of  the  State  of 
Arkansas: 

Be  It  Enacted  by  the  People  of  the  State  of  Arkansas: 

SECTION  1.  That  in  all  cases  where  any  special 
school  district  in  this  State  has  been  organized,  either 
under  the  general  laws,  or  under  any  special  law,  with 
a  less  number  of  directors  than  six,  it  shall  be  lawful 
and  is  hereby  made  the  duty  of  the  county  court 
of  the  county  in  which  such  special  school  district 
is  situated,  or  the  judge  thereof  in  vacation  to  appoint 
a  sufficient  number  of  directors  to  make  a  total  of  six 
from  electors  of  the  district  having  the  qualifications 
required  by  law.  to  act  as  directors  of  such  special 
district  until  the  next  school  election  and  until  their 
successors  are  elected  and  qualified. 

SECTION  2.  Such  appointment,  if  made  in  vaca- 
tion, shall  be  in  writing,  dated  and  signed  by  the 
judge  of  the  county  court  of  the  county  in  which  the 
special  district  is  situated,  and  filed  with  the  clerk 
of  the  county  court.  If  made  in  term  time  the  appoint- 
ment shall  be  made  in  open  court  and  recorded  on  the 
records  of  the  court,  and  in  every  case  of  such  appoint- 
ment by  the  county  court,  or  the  judge  thereof  in  vaca- 

59 


tion,  the  director,  or  directors,  thus  appointed  shall 
take  the  oath  of  office  in  the  manner  and  within  the  time 
now  or  hereafter  prescribed  by  law. 

SECTION  3.  In  all  school  elections  for  directors 
of  special  districts  after  such  appointment,  the  directors 
shall  be  so  voted  upon  and  elected  that  the  terms  of 
two  directors  shall  expire  annually  and  that  all  shall 
hold  for  a  term  of  three  years  as  soon  as  the  terms  of 
the  directors  are  thus  adjusted  so  as  to  permit  terms 
of  this  length.  Provided,  the  provisions  of  this  Act 
shall  apply  to  Sevier  and  Newton  Counties  only. 

SECTION  4.  This  Act  shall  not  be  construed 
to  repeal  section  7682  of  Kirby's  Digest. 

SECTION  5.  It  being  necessary  for  the  peace, 
health  and  safety  of  the  State  that  this  Act  take  effect 
at  once,  an  emergency  is  hereby  declared,  and  the 
same  shall  take  effect  from  its  passage. 

Approved  June  2,  1911. 


INDEX 


Act.  Title.  Page. 

115 — Board  Directors  Special  School  Districts 3 

116 — Consolidation  of  Adjacent  School  Districts 4 

169 — Elections  in  Special  or  Single  School  Districts 12 

206 — Employment  of  Teachers  in  Common  Schools 18 

231 — Compulsory   Attendance   at   Schools „ 19 

275 — Duties  of  County  Superintendent _ 24 

328 — Creation  State  High  School  Board  and  Aid  for  Same 26 

375 — Institutions   of   Learning 34 

376 — School  Districts  Power  of  Eminent  Domain _ 40 

423 — Revenues  from  Forest  Reserves  for  Public  Roads  and  Schools  43 

431 — State  Board  of  Education 45 

450 — School  Districts  in  Adjoining  Counties „ 54 

458 — Number  of  Directors  Special  School  Districts 58 


YC  57272 


22G13fi 


